Justices push back on government request to dismiss prison case
Government lawyers face tough questions from justices over bid to dismiss prisoner transfer case.
The Supreme Court is photographed, Feb. 6, 2026, in Washington (AP Photo/Rahmat Gul, File)
The Supreme Court heard oral arguments on Nov. 2, 2026, in a case concerning whether federal prisoners can challenge the Bureau of Prisons' denial of early transfer to halfway houses or home confinement. During the proceedings, the U.S. Department of Justice asked the Court to dismiss the case as improvidently granted, a move that would have halted a ruling on the merits of the legal question.
The case, Maxwell v. Dinis, centers on whether federal inmates may use habeas corpus petitions under 28 U.S.C. § 2241 to contest decisions regarding time credits earned under the First Step Act of 2018. The act allows eligible prisoners to earn credits for recidivism-reduction programming that can be applied toward prerelease custody.
Assistant to the Solicitor General Kevin J. Barber, representing the respondent, faced scrutiny from the bench regarding the government's request to dismiss the case. Justice Ketanji Brown Jackson expressed concern that the government's argument was an attempt to relitigate the Court's previous decision to grant certiorari in June 2026.
Justice Sonia Sotomayor also questioned the government's approach, noting that the argument for dismissal had not been raised during the initial petition stage. The Court took the matter under advisement following the conclusion of oral arguments.