No. 24-5438
Tags: certiorari-jurisdiction circuit-split federal-procedure habeas-corpus second-successive-motion statutory-interpretation
Key Terms:
HabeasCorpus JusticiabilityDoctri
HabeasCorpus JusticiabilityDoctri
Latest Conference:
2025-01-17
(distributed 3 times)
Question Presented (AI Summary)
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 and whether 28 U.S.C. § 2244(b)(3)(E) deprives the Supreme Court of certiorari jurisdiction over such motions
Question Presented (OCR Extract)
question presented is: 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. Under 28 U.S.C. § 2244(b)(3)(E), “[t]he grant or denial of an authorization by a court of appeals to file a second or successive application shall not be appealable and shall not be the subject of a petition . . . for a writ of certiorari.” (emphasis added). The second question presented is: 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. i
Docket Entries
2026-02-10
Judgment Issued.
2026-01-09
Judgment VACATED and case REMANDED. Sotomayor, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/25pdf/24-5438_o7kq.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Kagan, Kavanaugh and Jackson, JJ., joined. Jackson, J., filed a concurring opinion. Gorsuch, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined, and in which Barrett, J., joined as to Part I.
2025-10-14
Argued. For petitioner: Andrew L. Adler, Assistant Federal Public Defender, Ft. Lauderdale, Fla. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of judgment below as to Question 1: Kasdin M. Mitchell, Dallas, Tex.
2025-09-22
Reply of petitioner Michael Bowe filed. (Distributed)
2025-09-22
Reply of respondent United States filed. (Distributed)
2025-09-22
Reply of United States submitted.
2025-09-22
Reply of Michael Bowe submitted.
2025-09-22
Motion for divided argument and for enlargement of time for oral argument GRANTED.
2025-09-05
Motion for leave to file an amicus brief out of time filed by Stephanie N. O'Banion DENIED.
2025-09-02
CIRCULATED
2025-08-25
Motion for divided argument and for enlargement of time for oral argument filed by the Solicitor General.
2025-08-25
Motion of United States for leave to participate in oral argument and for divided argument submitted.
2025-08-22
Amicus brief of Court-appointed amicus curiae submitted.
2025-08-22
Brief of Court-appointed amicus curiae in support of the judgment below filed.
2025-08-20
Record received electronically from the United States District Court for the Southern District of Florida and available with the Clerk.
2025-08-18
Record received electronically from the United States Court of Appeals for the Eleventh Circuit and available with the Clerk.
2025-08-14
Record requested from the United States Court of Appeals for the Eleventh Circuit.
2025-08-12
SET FOR ARGUMENT on Tuesday, October 14, 2025.
2025-08-04
Motion for leave to file amicus brief filed by Stephanie N. O'Banion.
2025-08-04
Motion of Stephanie N. O'Banion for leave to file amicus brief submitted.
2025-07-02
Motion for leave to file amicus brief out of time filed by Stephanie N. O'Banion.
2025-07-02
Motion for leave to file amicus brief filed by Stephanie N. O'Banion.
2025-07-02
Brief amicus curiae of Stephanie N. O'Banion filed.
2025-07-02
Amicus brief of Stephanie N. O'Banion submitted.
2025-06-11
Brief of respondent United States filed.
2025-06-11
Brief of United States submitted.
2025-04-14
Brief amici curiae of Habeas Scholars filed.
2025-04-14
Brief amicus curiae of National Association of Federal Defenders filed.
2025-04-14
Brief amici curiae of University of Virginia School of Law’s Civil Rights Clinic, et al. filed.
2025-04-14
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2025-04-14
Brief amici curiae of Federal Courts Scholars filed.
2025-04-14
Amicus brief of National Association of Criminal Defense Lawyers submitted.
2025-04-14
Amicus brief of University of Virginia School of Law’s Civil Rights Clinic and Four Other Civil Rights Organizations submitted.
2025-04-14
Amicus brief of National Association of Federal Defenders submitted.
2025-04-07
Joint appendix filed. (Statement of costs filed)
2025-04-07
Brief of petitioner Michael Bowe filed.
2025-04-07
Brief of Michael Bowe submitted.
2025-03-03
Briefs of amicus curiae in support of the petitioner on either question presented are to be filed on or before April 14, 2025. Any other briefs of amicus curiae are to be filed on or before August 29, 2025.
2025-03-03
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including April 7, 2025. The time to file respondent's brief on the merits is extended to and including June 11, 2025. The brief of the Court-appointed amicus curiae shall be filed on or before August 22, 2025.
2025-02-28
Motion for an extension of time filed.
2025-02-28
Motion of Michael Bowe for an extension of time submitted.
2025-02-20
Kasdin M. Mitchell, Esquire, of Dallas, Texas, is invited to brief and argue, as amicus curiae, in support of the judgment below as to Question 1 presented by the petition for a writ of certiorari.
2025-01-17
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
2025-01-13
DISTRIBUTED for Conference of 1/17/2025.
2024-12-12
DISTRIBUTED for Conference of 1/10/2025.
2024-12-09
Reply of petitioner Michael Bowe filed.
2024-11-26
Brief of respondent United States in opposition filed.
2024-10-30
Motion to extend the time to file a response is granted and the time is extended to and including November 27, 2024. See Rule 15.1.
2024-10-29
Out of time motion to extend the time to file a response from October 28, 2024 to November 27, 2024, submitted to The Clerk.
2024-09-26
Response Requested. (Due October 28, 2024)
2024-09-19
DISTRIBUTED for Conference of 10/11/2024.
2024-09-12
Waiver of United States of right to respond submitted.
2024-09-11
Waiver of right of respondent United States to respond filed.
2024-08-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 3, 2024)
Attorneys
Court-appointed amicus curiae
Kasdin M. Mitchell — Kirkland & Ellis LLP, Respondent
Kasdin M. Mitchell — Kirkland & Ellis LLP, Respondent
FEDERAL COURTS SCHOLARS
Habeas Scholars
Kwaku Affawua Akowuah — Sidley Austin LLP, Amicus
Kwaku Affawua Akowuah — Sidley Austin LLP, Amicus
Michael Bowe
Andrew Lee Adler — Federal Public Defender's Office, Petitioner
Andrew Lee Adler — Federal Public Defender's Office, Petitioner
National Association of Criminal Defense Lawyers
National Association of Federal Defenders
Stephanie N. O'Banion
Stephanie Nicole O'Banion — O'Banion Law LLC, Amicus
Stephanie Nicole O'Banion — O'Banion Law LLC, Amicus
United States
D. John Sauer — Solicitor General, Respondent
D. John Sauer — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent
Moez Mansoor Kaba — Hueston Hennigan LLP, Respondent
Sarah M. Harris — Acting Solicitor General, Respondent
University of Virginia School of Law’s Civil Rights Clinic and Four Other Civil Rights Organizations