Anthony McCord v. Bennie Thorpe, Superintendent, Marcy Correctional Facility, et al.

Whether a federal court of appeals, in evaluating a motion for a certificate of appealability under 28 U.S.C. § 2253(c)(2), may treat a habeas petitioner’s constitutional claim as not debatable on the ground that it is in tension with that particular circuit’s precedent, when the petitioner’s claim finds direct support in decisions of other federal courts of appeals —notwithstanding this Court’s holdings in McKnight v. General Motors Corp., 511 U.S. 659 (1994), Lozada v. Deeds, 498 U.S. 430 (1991), and Barefoot v. Estelle, 463 U.S. 880 (1983), that a claim supported by contrary authority from other courts is, by definition, “debatable among jurists of reason”?