Can the lower courts continue to bypass U.S. Supreme Court law in favor of their self-created rule calling time-barred initial habeas petitions 'adjudicated on the merits' to make them 'successive by default' and negate Actual Innocence Gateway claims as well as subject petitioners to AEDPA's stricter requirements?

Question Presented for Review Can the lower courts continue to bypass U.S. Supreme Court law in favor of their self-created rule calling time-barred initial habeas petitions ‘adjudicated on the merits’ to make them ‘successive by default’ and negate Actual Innocence Gateway claims as well as subject petitioners to AEDPA’s stricter requirements?