Bowe v. United States · ¶94

One might reasonably question why Congress would have crafted § 2244(b)(3)(E) to achieve such a technical distinction: barring further review of denials on the merits while permitting further review of the panel's use of the wrong criteria or procedures. As Justice Gorsuch points out, the effect is the same; either way, the prisoner may not file his second or successive motion. Post, at 62–63, n. 4. But in my view, the distinction is not a technical (or meaningless) one. Instead, it fts neatly within, and advances, the gatekeeping scheme Congress established.

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