Bowe v. United States

Summary

Justice Sotomayor, joined by Chief Justice Roberts and Justices Kagan, Kavanaugh, and Jackson, held that §2244(b)(3)(E) does not bar certiorari review of authorization decisions concerning federal prisoners’ successive §2255 motions and that §2244(b)(1)’s old-claim bar does not apply to those motions. The Court vacated the Eleventh Circuit’s judgment and remanded without deciding whether Bowe qualifies for authorization. Justice Jackson concurred separately, reasoning that review was also available because the panel dismissed Bowe’s request using inapplicable criteria rather than making the statutorily prescribed authorization determination. Justice Gorsuch dissented, joined by Justices Thomas and Alito throughout and Justice Barrett as to Part I. He concluded that the Court lacked certiorari jurisdiction and, alternatively, that the old-claim bar applies to federal prisoners.