This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
The case concerns the one‑year limitation in §2255 for filing a petition.
Background and question before the Court
Section 2255 provides a one‑year period of limitation for a motion under this section.
Justice Ginsburg asked whether the language in §2244(d)(1) is surplusage and has no effect.
According to Justice, a Justice noted that variations in language may indicate variations in meaning.
Justice Ginsburg asked whether filing a cert petition suspends the finality of a judgment until the petition is resolved.
What each side argues
Petitioner Position
Mr. Roberts argued that the background rule presumes the one‑year limitation begins when a judgment becomes final, and that Congress intended the same timing for §2255 as for §2244.
Respondent Position
Mr. DE BRUIN contended that the established rule under Rule 33 governs the timing, suggesting a different interpretation of the limitation period.
What happened at oral argument
Justice Ginsburg asked whether the words in §2244(d)(1) are surplusage.
A Justice asked whether variations in language mean variations in meaning.
Justice Ginsburg asked whether filing a cert petition makes the finality of a judgment suspended until the petition is decided.
Chief Justice asked which set of Rule 33 applies.
The Court indicated there were no further questions and would submit.
What the Court decided
Why it matters
According to Justice Ginsburg, justice Ginsburg questioned whether filing a cert petition suspends the finality of a judgment, which could affect both state and federal prisoners.
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 7219d0b006829871c30f-r1-d21b53158b853c4e.pdforal argument transcript
Guide generated September 20, 2026. Automated validation accepted this version.