Supreme Court

Contrary to widespread speculation, the Court's first opinion of an argued case concerned neither Trump's tariffs nor voting rights.

Jonathan H. Adler | 1.9.2026 10:47 AM

This morning the Supreme Court issued its first decision of the October 2025 term in an argued case. Contrary to widespread speculation, today's decision was was not in Learning Resources v. Trump (the challenge to the Trump Administration's tariffs) nor Louisiana v. Callais (a timely Voting Rights Act case). Instead, the Supreme Court decided Bowe v. United States (an AEDPA case) by a 5-4 vote.

When the Supreme Court announced that it would be issuing one or more opinions today, many leapt to the conclusion that it would be deciding a particularly time-sensitive case, perhaps on the assumption that it is unusual for the Court to issue opinions in early January. This assumption is unfounded, however. The Court routinely issues a handful of opinions in December or January, although usually in unanimous or relatively straight-forward cases. Bowe is thus unusual in that it split the Court 5-4, divided the conservative majority, and generated 60 pages of opinions.

Justice Sotomayor wrote the opinion for the Court in Bowe joined by the Chief Justice, and Justices Kagan, Kavanaugh, and Jackson. Justice Gorsuch dissented, joined by Justices Alito and Thomas, and Justice Barrett in part. Justice Jackson also wrote a concurrence.

Here is the introduction to Justice Sotomayor's opinion for the Court:

Congress has created a comprehensive scheme to address when and how state and federal prisoners can seek postconviction relief in federal courts. A state prisoner can file an application for a writ of habeas corpus under 28 U. S. C. §2254. A federal prisoner, by contrast, can file a motion to vacate, set........

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