Bowe v. United States · ¶98

At bottom, then, § 2244(b)(3)(E) rationally operates as a finality provision, designed to give a three-judge panel the last say when the panel properly performs its gatekeeping function. But when the panel goes through the wrong procedures (as it did in Castro) or applies the wrong criteria (as it did here), it has not made the requisite “grant or denial of an authorization” that § 2244(b)(3)(E) insulates from further review.

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