Oral Argument: Bowe v. United States | Case No. 24-5438 | Oral Argument Date: 10/14/25

Link to Docket: Here

Case Preview: Here

Background: Under 28 U.S.C. § 2244(b)(1), “[ a] claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed. ” (emphasis added).

Question Presented:

1. 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).
2. 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.

• For Petitioner: Andrew L. Adler, Assistant Federal Public Defender, Ft. Lauderdale, Florida.
• 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.

Website Link to Opinion Summary: TBD.

Website Link to Oral Argument: TBD.

Timestamps:

[00:00:00] Argument Preview

[00:00:47] Argument Begins

[00:00:55] Petitioner Opening Statement

[00:02:46] Petitioner Free for All Questions

[00:23:01] Petitioner Sequential Questions

[00:36:49] Respondent Opening Statement

[00:39:09] Respondent Free for All Questions

[01:03:04] Respondent Sequential Questions

[01:14:14] Court-Appointed Amicus Opening Statement

[01:16:15]  Court-Appointed Amicus Free for All Questions

[01:27:23]  Court-Appointed Amicus Sequential Questions

[01:28:11] Petitioner Rebuttal