Bowe v. United States
Holding
Title 28 U.S.C. § 2244(b)(1) does not bar this Court’s review of a federal prisoner’s request to file a second or successive Section 2255 motion for postconviction relief, and Subsection 2244(b)(1) does not apply to second or successive motions filed under Section 2255(h) by federal prisoners challenging their convictions or sentences.
Judgment
Vacated and remanded, 5-4, in an opinion by Sonia Sotomayor on Jan 9, 2026. Justice Jackson filed a concurring opinion. Justice Gorsuch filed a dissenting opinion, joined in full by Justices Thomas and Alito, and in part by Justice Barrett.
Aug 29, 2024Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 3, 2024)Sep 11, 2024Waiver of right of respondent United States to respond filed.
Sep 19, 2024DISTRIBUTED for Conference of 10/11/2024.
Sep 26, 2024Response Requested. (Due October 28, 2024)
Oct 29, 2024Out of time motion to extend the time to file a response from October 28, 2024 to November 27, 2024, submitted to The Clerk.Oct 30, 2024Motion 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.
Nov 26, 2024Brief of respondent United States in opposition filed.Dec 9, 2024Reply of petitioner Michael Bowe filed.Dec 12, 2024DISTRIBUTED for Conference of 1/10/2025.
Jan 13, 2025DISTRIBUTED for Conference of 1/17/2025.
Jan 17, 2025Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Feb 20, 2025Kasdin 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.
Feb 28, 2025Motion for an extension of time filed.Mar 3, 2025Motion 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.
Mar 3, 2025Briefs 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.
Apr 7, 2025Brief of petitioner Michael Bowe filed.Apr 7, 2025Joint appendix filed. (Statement of costs filed)Apr 14, 2025Brief amici curiae of Federal Courts Scholars filed.Apr 14, 2025Brief amicus curiae of National Association of Criminal Defense Lawyers filed.Apr 14, 2025Brief amici curiae of University of Virginia School of Law’s Civil Rights Clinic, et al. filed.Apr 14, 2025Brief amici curiae of Habeas Scholars filed.Apr 14, 2025Brief amicus curiae of National Association of Federal Defenders filed.Jun 11, 2025Brief of respondent United States filed.Jul 2, 2025Amicus brief of Stephanie N. O'Banion not accepted for filing. (To be resubmitted with a motion to file--August 01, 2025)
Jul 2, 2025Motion for leave to file amicus brief out of time filed by Stephanie N. O'Banion.Aug 12, 2025SET FOR ARGUMENT on Tuesday, October 14, 2025.
Aug 14, 2025Record requested from the United States Court of Appeals for the Eleventh Circuit.
Aug 18, 2025Record received electronically from the United States Court of Appeals for the Eleventh Circuit and available with the Clerk.
Aug 20, 2025Record received electronically from the United States District Court for the Southern District of Florida and available with the Clerk.
Aug 22, 2025Brief of Court-appointed amicus curiae in support of the judgment below filed.Aug 25, 2025Motion for divided argument and for enlargement of time for oral argument filed by the Solicitor General.Sep 2, 2025CIRCULATED
Sep 5, 2025Motion for leave to file an amicus brief out of time filed by Stephanie N. O'Banion DENIED.
Sep 22, 2025Motion for divided argument and for enlargement of time for oral argument GRANTED.
Sep 22, 2025Reply of respondent United States filed. (Distributed)Sep 22, 2025Reply of petitioner Michael Bowe filed. (Distributed)Oct 14, 2025Argued. 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.
Jan 9, 2026Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion 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.
Feb 10, 2026Judgment Issued.Recommended Citation: Bowe v. United States, SCOTUSblog, https://www.scotusblog.com/cases/bowe-v-united-states/