Page:Jones v. Hendrix.pdf/43

Rh claims—which, importantly, the statute does not mention. To put it bluntly: Congress knows how to speak clearly when it wants to disrupt the continuity of claims that are available to prisoners before and after it enacts legislation that addresses postconviction review procedures. And rather than providing any such clear statement as to how an intervening claim of statutory innocence should be treated vis-à-vis §2255(h)’s second or successive bar, Congress was conspicuously silent.

The majority advances an entirely different theory of the work that §2255(e) does with respect to the postconviction review scheme—a theory that I do not find even remotely persuasive. Opting for the narrowest possible view of Congress’s intent regarding the saving clause, the majority generally claims that the saving clause only authorizes the filing of a habeas petition if filing a §2255 motion would be “impossible or impracticable.”,. And in the majority’s telling, that circumstance only occurs, say, if the courthouse where a §2255 motion would have otherwise been filed has burned to the ground or been carried away