Bowe v. United States · ¶97

By contrast, consider a panel that completely ignores the statute's specified gatekeeping requirements when making the authorization determination. Maybe the panel consists of five judges instead of three. Or maybe the panel automatically and arbitrarily denies all requests for authorization, refusing to evaluate whether the prisoner has satisfied the relevant statutory criteria. It would be exceedingly strange for us to conclude that Congress meant to insulate a rogue panel's actions from further review. Indeed, why would Congress devise such a detailed gatekeeping scheme while foreclosing review of its evasion?

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