Bowe v. United States · ¶71

Amicus and the dissent's broad reading of § 2244(b)(3)(C) would also put § 2255 on a collision course with § 2244. Section 2244(b) imposes two limitations on the content of a second or successive habeas application: § 2244(b)(1), which bars old claims; and §2244(b)(2), which prescribes “two grounds” in which a claim “not previously raised” can proceed in a “second or successive application.” Burton, 549 U. S., at 153. Section 2244(b)(3)(C), on which amicus relies, requires individuals to satisfy all the “requirements of this subsection,” including both §§ 2244(b)(1) and (b)(2). The upshot of amicus's argument would therefore be that § 2255(h) incorporates not only § 2244(b)(1)'s old-claim bar, but also § 2244(b)(2)'s substantive gatekeeping requirements for new claims. Section 2255(h), however, contains its own substantive requirements that are irreconcilable with those in § 2244(b).

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