OPINION OF THE COURT
JOHN R. SAND & GRAVEL CO. V. UNITED STATES
552 U. S. ____ (2008)
SUPREME COURT OF THE UNITED STATES
NO. 06-1164
JOHN R. SAND & GRAVEL COMPANY, PETITIONER
v. UNITED STATES
on writ of certiorari to the united states court of
appeals for the federal circuit
[January 8, 2008]
Justice Breyer delivered the
opinion of the Court.
The question presented is whether
a court must raise on its own the timeliness of a lawsuit filed in
the Court of Federal Claims, despite the Government’s waiver of the
issue. We hold that the special statute of limitations governing
the Court of Federal Claims requires that
sU. S.onte
consideration.
I
Petitioner John R. Sand &
Gravel Company filed an action in the Court of Federal Claims in
May 2002. The complaint explained that petitioner held a 50-year
mining lease on certain land. And it asserted that various
Environmental Protection Agency activities on that land (involving,
e.g., the building and moving of various fences) amounted
to an unconstitutional taking of its leasehold rights.
The Government initially asserted
that petitioner’s several claims were all untimely in light of the
statute providing that “[e]very claim of which the United States
Court of Federal Claims has jurisdiction shall be barred unless the
petition thereon is filed within six years after such claim first
accrues.” 28 U. S. C. §2501. Later, however, the Government
effectively conceded that certain claims were timely. See App.
37a–39a (Government’s pretrial brief). The Government subsequently
won on the merits. See 62 Fed. Cl. 556, 589 (2004).
Petitioner appealed the adverse judgment to
the Court of Appeals for the Federal Circuit. See 457 F. 3d
1345, 1346 (2006). The Government’s brief said nothing about the
statute of limitations, but an
amicus brief called the
issue to the court’s attention. See
id., at 1352. The
court considered itself obliged to address the limitations issue,
and it held that the action was untimely.
Id., at
1353–1360. We subsequently agreed to consider whether the Court of
Appeals was right to ignore the Government’s waiver and to decide
the timeliness question. 550 U. S. ___ (2007).
II
Most statutes of limitations seek
primarily to protect defendants against stale or unduly delayed
claims. See,
e.g., United States v.
Kubrick,
444 U. S. 111, 117
(1979). Thus, the law typically treats a limitations defense as an
affirmative defense that the defendant must raise at the pleadings
stage and that is subject to rules of forfeiture and waiver. See
Fed. Rules Civ. Proc. 8(c)(1), 12(b), 15(a);
Day v.
McDonough,
547 U. S. 198, 202
(2006);
Zipes v.
Trans World Airlines, Inc.,
455 U. S. 385,
393 (1982). Such statutes also typically permit courts to toll the
limitations period in light of special equitable considerations.
See,
e.g.,
Rotella v.
Wood,
528 U. S. 549, 560–561
(2000);
Zipes,
supra, at 393; see also
Cada v.
Baxter Healthcare Corp., 920 F. 2d
446, 450–453 (CA7 1990).
Some statutes of limitations,
however, seek not so much to protect a defendant's case-specific
interest in timeliness as to achieve a broader system-related goal,
such as facilitating the administration of claims, see,
e.g.,
United States v.
Brockamp,
519 U. S. 347,
352–353 (1997), limiting the scope of a governmental waiver of
sovereign immunity, see,
e.g.,
United States v.
Dalm,
494
U. S. 596, 609–610 (1990), or promoting judicial efficiency,
see,
e.g.,
Bowles v.
Russell, 551 U. S.
___ , ___–___ (2007) (slip op., at 7–8). The Court has often read
the time limits of these statutes as more absolute, say as
requiring a court to decide a timeliness question despite a waiver,
or as forbidding a court to consider whether certain equitable
considerations warrant extending a limitations period. See,
e.g., ibid.; see also
Arbaugh v.
Y & H
Corp.,
546 U.
S. 500, 514 (2006). As convenient shorthand, the Court has
sometimes referred to the time limits in such statutes as
“jurisdictional.” See,
e.g.,
Bowles,
supra, at ___ (slip op., at 5).
This Court has long interpreted the court of
claims limitations statute as setting forth this second, more
absolute, kind of limitations period.
A
In
Kendall v.
United
States,
107 U.
S. 123 (1883), the Court applied a predecessor of the current
6-year bar to a claim that had first accrued in 1865 but that the
plaintiff did not bring until 1872.
Id., at 124; see also
Act of Mar. 3, 1863, §10, 12 Stat. 767 (Rev. Stat. §1069). The
plaintiff, a former Confederate States employee, had asked for
equitable tolling on the ground that he had not been able to bring
the suit until Congress, in 1868, lifted a previously imposed legal
disability. See 107 U. S., at 124–125. But the Court denied the
request.
Id., at 125–126. It did so not because it thought
the equities ran against the plaintiff, but because the statute
(with certain listed exceptions) did not permit tolling. Justice
Harlan, writing for the Court, said the statute was
“jurisdiction[al],” that it was not susceptible to judicial
“engraft[ing]” of unlisted disabilities such as “sickness,
surprise, or inevitable accident,” and that “
it [was] the duty
of the court to raise the [timeliness] question whether it [was]
done by plea or not.”
Ibid. (emphasis added).
Four years later, in
Finn v.
United States,
123 U. S. 227 (1887),
the Court found untimely a claim that had originally been filed
with a Government agency, but which that agency had then
voluntarily referred by statute to the Court of Claims.
Id., at 229–230 (citing Act of June 25, 1868, §7, 15 Stat.
76–77); see also Rev. Stat. §§1063–1065. That Government reference,
it might have been argued, amounted to a waiver by the Government
of any limitations-based defense. Cf.
United States v.
Lippitt,
100 U. S. 663, 669
(1880) (reserving the question of the time bar’s application in
such circumstances). The Court nonetheless held that the long (over
10-year) delay between the time the claim accrued and the
plaintiff’s filing of the claim before the agency made the suit
untimely.
Finn, 123 U. S., at 232. And as to any argument
of Government waiver or abandonment of the time-bar defense,
Justice Harlan, again writing for the Court, said that the ordinary
legal principle that “limitation … is a defence [that a defendant]
must plead …
has no application to suits in the Court of Claims
against the United States.”
Id. at 232–233 (emphasis
added).
Over the years, the Court has reiterated in
various contexts this or similar views about the more absolute
nature of the court of claims limitations statute. See
Soriano v.
United States,
352 U. S. 270, 273–274 (1957);
United States v.
Greathouse,
166 U. S. 601, 602
(1897);
United States v.
New York,
160 U. S. 598, 616–619
(1896);
De Arnaud v.
United States,
151 U. S. 483, 495–496
(1894).
B
The statute’s language has
changed slightly since
Kendall was decided in 1883, but we
do not see how any changes in language make a difference here. The
only arguably pertinent linguistic change took place during the
1948 recodification of Title 28. See §2501, 62 Stat. 976. Prior to
1948, the statute said that “[e]very claim …
cognizable by
the Court of Claims, shall be forever barred” unless filed within
six years of the time it first accrues. Rev. Stat. §1069 (emphasis
added); see also Act of Mar. 3, 1911, §156, 36 Stat. 1139
(reenacting the statute without any significant changes). Now, it
says that “[e]very claim of which” the Court of Federal Claims
“
has jurisdiction shall be barred” unless filed within six
years of the time it first accrues. 28 U. S. C. §2501
(emphasis added).
This Court does not “presume”
that the 1948 revision “worked a change in the underlying
substantive law ‘unless an intent to make such a change is clearly
expressed.’ ”
Keene Corp. v.
United States,
508 U. S. 200,
209 (1993) (quoting
Fourco Glass Co. v.
Transmirra
Products Corp.,
353 U. S. 222, 227
(1957) (alterations omitted)); see also No. 308, 80th Cong., 1st
Sess., pp. 1–8 (1947) (hereinafter Rep. No. 308) (revision sought
to codify, not substantively modify, existing law); Barron, The
Judicial Code: 1948 Revision, 8 F. R. D. 439 (1948)
(same). We can find no such expression of intent here. The two
linguistic forms (“cognizable by”; “has jurisdiction”) mean about
the same thing. See Black’s Law Dictionary 991 (4th ed. 1951)
(defining “jurisdiction” as “the authority by which courts and
judicial officers take
cognizance of and decide cases”
(emphasis added)); see also Black’s Law Dictionary 1038 (3d ed.
1933) (similarly using the term “cognizance” to define
“jurisdiction”). Nor have we found any suggestion in the Reviser’s
Notes or anywhere else that Congress intended to change the prior
meaning. See Rep. No. 308, at A192 (Reviser’s Note); Barron,
supra, at 446 (Reviser’s Notes specify where change was
intended). Thus, it is not surprising that nearly a decade
after the revision, the Court, citing
Kendall,
again repeated that the statute’s limitations period was
“jurisdiction[al]” and not susceptible to equitable tolling. See
Soriano,
supra, at 273–274, 277.
III
In consequence,
petitioner can succeed only by convincing us that this Court has
overturned, or that it should now overturn, its earlier
precedent.
A
We cannot agree with petitioner
that the Court already has overturned the earlier precedent. It is
true, as petitioner points out, that in
Irwin v.
Department of Veterans Affairs,
498 U. S. 89 (1990), we
adopted “a more general rule” to replace our prior ad hoc
approach for determining whether a Government-related statute of
limitations is subject to equitable tolling—namely, “that the same
rebuttable presumption of equitable tolling applicable to suits
against private defendants should also apply to suits against the
United States.”
Id., at 95–96. It is also true that
Irwin, using that presumption, found equitable tolling
applicable to a statute of limitations governing employment
discrimination claims against the Government. See
id., at
96; see also 42 U. S. C. §2000e–16(c) (1988 ed.). And the
Court noted that this civil rights statute was linguistically
similar to the court of claims statute at issue here. See
Irwin,
supra, at 94–95.
But these few swallows cannot
make petitioner’s summer. That is because
Irwin dealt with
a different limitations statute. That statute, while similar to the
present statute in language, is unlike the present statute in the
key respect that the Court had not previously provided a definitive
interpretation. Moreover, the Court, while mentioning a case that
reflects the particular interpretive history of the court of claims
statute, namely
Soriano,
352 U. S. 270, says nothing
at all about overturning that or any other case in that line. See
498 U. S., at 94–95. Courts do not normally overturn a long line of
earlier cases without mentioning the matter. Indeed,
Irwin
recognized that it was announcing a general prospective rule, see
id., at 95, which does not imply revisiting past
precedents.
Finally,
Irwin adopted a
“
rebuttable presumption” of equitable tolling.
Ibid. (emphasis added). That presumption seeks to produce
a set of statutory interpretations that will more accurately
reflect Congress’ likely meaning in the mine run of instances where
it enacted a Government-related statute of limitations. But the
word “rebuttable” means that the presumption is not conclusive.
Specific statutory language, for example, could rebut the
presumption by demonstrating Congress’ intent to the contrary. And
if so, a definitive earlier interpretation of the statute, finding
a similar congressional intent, should offer a similarly sufficient
rebuttal.
Petitioner adds that in
Franconia
Associates v.
United States,
536 U. S. 129 (2002), we
explicitly considered the court of claims limitations statute, we
described the statute as “unexceptional,” and we cited
Irwin for the proposition “that limitations principles
should generally apply to the Government in the same way that they
apply to private parties.” 536 U. S.
, at 145 (internal
quotation marks omitted). But we did all of this in the context of
rejecting an argument by the Government that the court of claims
statute embodies a special, earlier-than-normal, rule as to when a
claim first accrues.
Id., at 144–145. The quoted language
thus refers only to the statute’s claims-accrual rule and adds
little or nothing to petitioner’s contention that
Irwin
overruled our earlier cases—a contention that we have just
rejected.
B
Petitioner’s argument must
therefore come down to an invitation now to reject or to overturn
Kendall, Finn, Soriano, and related cases. In support,
petitioner can claim that
Irwin and
Franconia
represent a turn in the course of the law and can argue essentially
as follows: The law now requires courts, when they interpret
statutes setting forth limitations periods in respect to actions
against the Government, to place greater weight upon the equitable
importance of treating the Government like other litigants and less
weight upon the special governmental interest in protecting public
funds. Cf.
Irwin,
supra, at 95–96. The older
interpretations treated these interests differently. Those older
cases have consequently become anomalous. The Government is
unlikely to have relied significantly upon those earlier cases.
Hence the Court should now overrule them.
Basic principles of
stare
decisis, however, require us to reject this argument. Any
anomaly the old cases and
Irwin together create is not
critical; at most, it reflects a different judicial assumption
about the comparative weight Congress would likely have attached to
competing legitimate interests. Moreover, the earlier cases lead,
at worst, to different interpretations of different, but similarly
worded, statutes; they do not produce “unworkable” law. See
United States v.
International Business Machines
Corp.,
517 U.
S. 843, 856 (1996) (internal quotation marks omitted);
California v.
FERC,
495 U. S. 490, 499
(1990). Further,
stare decisis in respect to statutory
interpretation has “special force,” for “Congress remains free to
alter what we have done.”
Patterson v.
McLean Credit
Union,
491 U.
S. 164, 172–173 (1989); see also
Watson v.
United
States,
ante, at 8. Additionally, Congress has long
acquiesced in the interpretation we have given. See
ibid.;
Shepard v.
United States,
544 U. S. 13, 23
(2005).
Finally, even if the Government cannot show
detrimental reliance on our earlier cases, our reexamination of
well-settled precedent could nevertheless prove harmful. Justice
Brandeis once observed that “in most matters it is more important
that the applicable rule of law be settled than that it be settled
right.”
Burnet v.
Coronado Oil & Gas Co.,
285 U. S. 393,
406 (1932) (dissenting opinion). To overturn a decision settling
one such matter simply because we might believe that decision is no
longer “right” would inevitably reflect a willingness to reconsider
others. And that willingness could itself threaten to substitute
disruption, confusion, and uncertainty for necessary legal
stability. We have not found here any factors that might overcome
these considerations.
IV
The judgment of the Court of
Appeals is affirmed.
It is so ordered.
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