Upcoming Case Preview | Bowe v. United States | The Do-Over Dilemma: Federal Prisoners and the Jurisdiction Trap
Upcoming Case Preview | Bowe v. United States | The Do-Over Dilemma: Federal Prisoners and the Jurisdiction Trap  
Podcast: SCOTUS Oral Arguments and Opinions
Published On: Wed Oct 01 2025
Description: Bowe v. United States | Case No. 24-5438 | Oral Argument Date: 10/14/25 | Docket Link: HereQuestions Presented:Whether 28 U.S.C. § 2244(b)(1) applies to a claim presented in a second or successive motion to vacate under 28 U.S.C. § 2255.Whether 28 U.S.C. § 2244(b)(3)(E) deprives this Court of certiorari jurisdiction over the grant or denial of an authorization by a court of appeals to file a second or successive motion to vacate under 28 U.S.C. § 2255.OverviewThis episode examines Bowe v. United States, where the government concedes error but argues the Supreme Court lacks jurisdiction to correct it. The case explores whether the "do-over bar" in AEDPA applies to federal prisoners and whether an acknowledged legal error will go unremedied due to jurisdictional barriers.Episode RoadmapOpening: An Acknowledged Error Without a RemedyGovernment's unusual position: conceding error but claiming the Court can't fix itMichael Bowe's years-long struggle to challenge his convictionConstitutional context: Ex Post Facto Clause and retroactive application of Davis and TaylorThe Two Questions PresentedQuestion One: Does the do-over bar (§ 2244(b)(1)) apply to federal prisoners even though it references only state prisoner applications under § 2254?Question Two: Does § 2244(b)(3)(E) bar Supreme Court certiorari review of authorization decisions for federal prisoners?Background: Michael Bowe's Journey2008: Pled guilty including Section 924(c) conviction (using firearm during crime of violence)2019: Davis strikes down residual clause; Bowe seeks authorization but Eleventh Circuit denies based on circuit precedent2022: Taylor abrogates that precedent; Bowe seeks authorization again2022: Eleventh Circuit dismisses under do-over bar in In re Baptiste2024: Third authorization request denied; all alternatives rejected2025: Supreme Court grants certiorari; government switches positionLegal FrameworkSection 2255: Federal prisoner post-conviction relief vehicleSection 2244: Originally for state prisoners; contains:(b)(1): Do-over bar—bars claims "presented in a second or successive habeas corpus application under section 2254"(b)(3): Authorization procedures, including (b)(3)(E)'s certiorari barSection 2255(h): "Second or successive motion must be certified as provided in section 2244"—key question is what this incorporatesCircuit Split: Six circuits apply do-over bar to federal prisoners; three reject itPetitioner's Main ArgumentsArgument One: Plain Text Excludes Federal PrisonersDo-over bar explicitly references "section 2254" (state prisoners only)Federal prisoners use § 2255 motions, not § 2254 applicationsSection 2255(h) incorporates certification procedures only, not substantive barsEven Eleventh Circuit admits § 2255(h) doesn't incorporate § 2244(b)(2)—can't incorporate (b)(1) either since both use identical "section 2254" languageArgument Two: Federalism Explains Differential TreatmentAEDPA repeatedly subjects state prisoners to stricter requirementsState prisoner habeas implicates federalism and comity concernsFederal prisoners challenging federal convictions raise no federalism...