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2 of §2255(e), which was to “save” any claim that was available prior to §2255(h)’s enactment where Congress has not expressed a clear intent to foreclose it. Jones’s legal innocence claim fits that mold.

I am also deeply troubled by the constitutional implications of the nothing-to-see-here approach that the majority takes with respect to the incarceration of potential legal innocents. See. Apparently, legally innocent or not, Jones must just carry on in prison regardless, since (as the majority reads §2255) no path exists for him to ask a federal judge to consider his innocence assertion. But forever slamming the courtroom doors to a possibly innocent person who has never had a meaningful opportunity to get a new and retroactively applicable claim for release reviewed on the merits raises serious constitutional concerns.

Thus, in my view, all roads lead to an interpretation of §2255 that is diametrically opposed to the one that the majority announces. Whether one gets there by virtue of a proper reading of §2255(e) or an informed understanding of §2255(h), or by affording due respect to the core constitutional interests at stake, Jones’s successive petition alleging legal innocence should have been considered on the merits. Therefore, I respectfully dissent.

Section 2255(e) saves postconviction claims by authorizing the filing of a habeas petition under §2241 if the procedures §2255 affords are “inadequate or ineffective to test the legality of [a prisoner’s] detention.” §2255(e). I see no reason why the only circumstance in which §2255’s procedures qualify as inadequate or ineffective for saving clause purposes is when it is impossible or impractical for a prisoner to file a §2255 motion. Contra,. Quite to