Bowe v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 24-5438 | 11th Cir. | Oct 14, 2025 | Jan 9, 2026 | 5-4 | Sotomayor | OT 2025 |
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 Justice Sotomayor on January 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.
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| Date | Proceedings and Orders |
|---|---|
| 08/29/2024 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 3, 2024) |
| 09/11/2024 | Waiver of right of respondent United States to respond filed. |
| 09/19/2024 | DISTRIBUTED for Conference of 10/11/2024. |
| 09/26/2024 | Response Requested. (Due October 28, 2024) |
| 10/29/2024 | Out of time motion to extend the time to file a response from October 28, 2024 to November 27, 2024, submitted to The Clerk. |
| 10/30/2024 | 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. |
| 11/26/2024 | Brief of respondent United States in opposition filed. |
| 12/09/2024 | Reply of petitioner Michael Bowe filed. |
| 12/12/2024 | DISTRIBUTED for Conference of 1/10/2025. |
| 01/13/2025 | DISTRIBUTED for Conference of 1/17/2025. |
| 01/17/2025 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| 02/20/2025 | 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. |
| 02/28/2025 | Motion for an extension of time filed. |
| 03/03/2025 | 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. |
| 03/03/2025 | 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. |
| 04/07/2025 | Brief of petitioner Michael Bowe filed. |
| 04/07/2025 | Joint appendix filed. (Statement of costs filed) |
| 04/14/2025 | Brief amici curiae of Federal Courts Scholars filed. |
| 04/14/2025 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 04/14/2025 | Brief amici curiae of University of Virginia School of Law’s Civil Rights Clinic, et al. filed. |
| 04/14/2025 | Brief amici curiae of Habeas Scholars filed. |
| 04/14/2025 | Brief amicus curiae of National Association of Federal Defenders filed. |
| 06/11/2025 | Brief of respondent United States filed. |
| 07/02/2025 | Amicus brief of Stephanie N. O'Banion not accepted for filing. (To be resubmitted with a motion to file--August 01, 2025) |
| 07/02/2025 | Motion for leave to file amicus brief out of time filed by Stephanie N. O'Banion. |
| 08/12/2025 | SET FOR ARGUMENT on Tuesday, October 14, 2025. |
| 08/14/2025 | Record requested from the United States Court of Appeals for the Eleventh Circuit. |
| 08/18/2025 | Record received electronically from the United States Court of Appeals for the Eleventh Circuit and available with the Clerk. |
| 08/20/2025 | Record received electronically from the United States District Court for the Southern District of Florida and available with the Clerk. |
| 08/22/2025 | Brief of Court-appointed amicus curiae in support of the judgment below filed. |
| 08/25/2025 | Motion for divided argument and for enlargement of time for oral argument filed by the Solicitor General. |
| 09/02/2025 | CIRCULATED |
| 09/05/2025 | Motion for leave to file an amicus brief out of time filed by Stephanie N. O'Banion DENIED. |
| 09/22/2025 | Motion for divided argument and for enlargement of time for oral argument GRANTED. |
| 09/22/2025 | Reply of respondent United States filed. (Distributed) |
| 09/22/2025 | Reply of petitioner Michael Bowe filed. (Distributed) |
| 10/14/2025 | 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. |
| 01/09/2026 | Judgment 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. |