OPINION OF THE COURT
REED ELSEVIER, INC. V. MUCHNICK
559 U. S. ____ (2010)
SUPREME COURT OF THE UNITED STATES
NO. 08-103
REED ELSEVIER, INC., et al., PETITIONERS
v. IRVIN MUCHNICK et al.
on writ of certiorari to the united states court of
appeals for the second circuit
[March 2, 2010]
Justice Thomas delivered the
opinion of the Court.
Subject to certain exceptions,
the Copyright Act (Act) requires copyright holders to register
their works before suing for copyright infringement. 17 U.
S. C. A. §411(a) (Supp. 2009). In this case, the Court of
Appeals for the Second Circuit held that a copyright holder’s
failure to comply with §411(a)’s registration requirement deprives
a federal court of jurisdiction to adjudicate his copyright
infringement claim. We disagree. Section 411(a)’s registration
requirement is a precondition to filing a claim that does not
restrict a federal court’s subject-matter jurisdiction.
I
A
The Constitution grants Congress
the power “[t]o promote the Progress of Science and useful Arts, by
securing for limited Times to Authors … the exclusive Right to …
their … Writings.” Art. I, §8, cl. 8. Exercising this
power, Congress has crafted a comprehensive statutory scheme
governing the existence and scope of “[c]opyright protection” for
“original works of authorship fixed in any tangible medium of
expression.” 17 U. S. C. §102(a). This scheme gives copyright
owners “the exclusive rights” (with specified statutory exceptions)
to distribute, reproduce, or publicly perform their works. §106.
“Anyone who violates any of the exclusive rights of the copyright
owner as provided” in the Act “is an infringer of the copyright.”
§501(a). When such infringement occurs, a copyright owner “is
entitled,
subject to the requirements of section 411, to
institute an action” for copyright infringement. §501(b) (emphasis
added).
This case concerns “the
requirements of section 411” to which §501(b) refers. Section
411(a) provides,
inter alia and with certain exceptions,
that “no civil action for infringement of the copyright in any
United States work shall be instituted until preregistration or
registration of the copyright claim has been made in accordance
with this title.”[
Footnote 1]
This provision is part of the Act’s remedial scheme. It establishes
a condition—copyright registration—that plaintiffs ordinarily must
satisfy before filing an infringement claim and invoking the Act’s
remedial provisions. We address whether §411(a) also deprives
federal courts of subject-matter jurisdiction to adjudicate
infringement claims involving unregistered works.
B
The relevant proceedings in this
case began after we issued our opinion in
New York Times
Co. v.
Tasini,
533 U. S. 483 (2001). In
Tasini, we agreed with the Court of Appeals for the Second
Circuit that several owners of online databases and print
publishers had infringed the copyrights of six freelance authors by
reproducing the authors’ works electronically without first
securing their permission. See
id., at 493. In so holding,
we affirmed the principal theory of liability underlying copyright
infringement suits that other freelance authors had filed after the
Court of Appeals had issued its opinion in
Tasini. These
other suits, which were stayed pending our decision in
Tasini, resumed after we issued our opinion and were
consolidated in the United States District Court for the Southern
District of New York by the Judicial Panel on Multidistrict
Litigation.
The consolidated complaint
alleged that the named plaintiffs each own at least one copyright,
typically in a freelance article written for a newspaper or a
magazine, that they had registered in accordance with §411(a). The
class, however, included both authors who had registered their
copyrighted works and authors who had not. See App. 94.
Because of the growing size and complexity of
the lawsuit, the District Court referred the parties to mediation.
For more than three years, the freelance authors, the publishers
(and their insurers), and the electronic databases (and their
insurers) negotiated. Finally, in March 2005, they reached a
settlement agreement that the parties intended “to achieve a global
peace in the publishing industry.”
In re Literary Works in
Electronic Databases Copyright Litigation, 509 F. 3d 116,
119 (CA2 2007).
The parties moved the District Court to
certify a class for settlement and to approve the settlement
agreement. Ten freelance authors, including Irvin Muchnick
(hereinafter Muchnick respondents), objected. The District Court
overruled the objections; certified a settlement class of freelance
authors under Federal Rules of Civil Procedure 23(a) and (b)(3);
approved the settlement as fair, reasonable, and adequate under
Rule 23(e); and entered final judgment. At no time did the Muchnick
respondents or any other party urge the District Court to dismiss
the case, or to refuse to certify the class or approve the
settlement, for lack of subject-matter jurisdiction.
The Muchnick respondents appealed, renewing
their objections to the settlement on procedural and substantive
grounds. Shortly before oral argument, the Court of Appeals
sU.
S.onte ordered briefing on the question whether §411(a)
deprives federal courts of subject-matter jurisdiction over
infringement claims involving unregistered copyrights. All parties
filed briefs asserting that the District Court had subject-matter
jurisdiction to approve the settlement agreement even though it
included unregistered works.
Relying on two Circuit precedents holding that
§411(a)’s registration requirement was jurisdictional, see 509
F. 3d, at 121 (citing
Well-Made Toy Mfg. Corp. v.
Goffa Int’l Corp., 354 F. 3d 112, 114–115 (CA2 2003);
Morris v.
Business Concepts, Inc., 259 F. 3d
65, 72–73 (CA2 2001)), the Court of Appeals concluded that the
District Court lacked jurisdiction to certify a class of claims
arising from the infringement of unregistered works, and also
lacked jurisdiction to approve a settlement with respect to those
claims, 509 F. 3d, at 121 (citing “widespread agreement among
the circuits that section 411(a) is jurisdictional”).[
Footnote 2]
Judge Walker dissented. He concluded “that
§411(a) is more like the [nonjurisdictional] employee-numerosity
requirement in
Arbaugh [v.
Y & H Corp.,
546 U. S. 500 (2006)]” than the
jurisdictional statutory time limit in
Bowles v.
Russell,
551 U. S. 205 (2007). 509 F. 3d,
at 129. Accordingly, he reasoned that §411(a)’s registration
requirement does not limit federal subject-matter jurisdiction over
infringement suits involving unregistered works.
Ibid.
We granted the owners’ and publishers’
petition for a writ of certiorari, and formulated the question
presented to ask whether §411(a) restricts the subject-matter
jurisdiction of the federal courts over copyright infringement
actions. 555 U. S. ____ (2009). Because no party supports the Court
of Appeals’ jurisdictional holding, we appointed an
amicus
curiae to defend the Court of Appeals’ judgment.[
Footnote 3] 556 U. S. ____ (2009). We now
reverse.
II
A
“Jurisdiction” refers to “a
court’s adjudicatory authority.”
Kontrick v.
Ryan,
540 U. S. 443, 455 (2004).
Accordingly, the term “jurisdictional” properly applies only to
“prescriptions delineating the classes of cases (subject-matter
jurisdiction) and the persons (personal jurisdiction)” implicating
that authority.
Ibid.
; see also
Steel
Co. v.
Citizens for Better Environment,
523 U. S. 83, 89 (1998)
(“subject-matter jurisdiction” refers to “the courts’ statutory or
constitutional
power to adjudicate the case” (emphasis in
original));
Landgraf v.
USI Film Products,
511 U. S. 244,
274 (1994) (“[J]urisdictional statutes ‘speak to the power of the
court rather than to the rights or obligations of the
parties’ ” (quoting
Republic Nat. Bank of Miami v.
United States,
506 U. S. 80, 100 (1992)
(Thomas, J., concurring))).
While perhaps clear in theory,
the distinction between jurisdictional conditions and
claim-processing rules can be confusing in practice.
Courts—including this Court—have sometimes mischaracterized
claim-processing rules or elements of a cause of action as
jurisdictional limitations, particularly when that characterization
was not central to the case, and thus did not require close
analysis. See
Arbaugh,
supra, at 511–512 (citing
examples);
Steel Co., 523 U. S., at 91 (same). Our recent
cases evince a marked desire to curtail such “drive-by
jurisdictional rulings,”
ibid., which too easily can miss
the “critical difference[s]” between true jurisdictional conditions
and nonjurisdictional limitations on causes of action,
Kontrick,
supra, at 456; see also
Arbaugh, 546 U. S., at 511.
In light of the important distinctions between
jurisdictional prescriptions and claim-processing rules, see,
e.g.,
id., at 514, we have encouraged federal
courts and litigants to “facilitat[e]” clarity by using the term
“jurisdictional” only when it is apposite,
Kontrick,
supra, at 455. In
Arbaugh, we described the
general approach to distinguish “jurisdictional” conditions from
claim-processing requirements or elements of a claim:
“If the Legislature clearly states that a threshold
limitation on a statute’s scope shall count as jurisdictional,
then courts and litigants will be duly instructed
and will not be left to wrestle with the issue. But when Congress
does not rank a statutory limitation on coverage as jurisdictional,
courts should treat the restriction as nonjurisdictional in
character.” 546 U. S., at 515–516 (citation and footnote
omitted).
The plaintiff in
Arbaugh brought a claim under Title VII of the Civil
Rights Act of 1964, which makes it unlawful “for an employer . . .
to discriminate,” inter alia, on the basis of sex. 42 U.
S. C. §2000e–2(a)(1). But employees can bring Title VII claims
only against employers that have “fifteen or more employees.”
§2000e(b). Arbaugh addressed whether that employee
numerosity requirement “affects federal-court subject-matter
jurisdiction or, instead, delineates a substantive ingredient of a
Title VII claim for relief.” 546 U. S., at 503. We held that it
does the latter.
Our holding turned principally
on our examination of the text of §2000e(b), the section in which
Title VII’s numerosity requirement appears. Section 2000e(b) does
not “clearly stat[e]” that the employee numerosity threshold on
Title VII’s scope “count[s] as jurisdictional.” Id., at
515–516, and n. 11. And nothing in our prior Title VII cases
compelled the conclusion that even though the numerosity
requirement lacks a clear jurisdictional label, it nonetheless
imposed a jurisdictional limit. See id., at 511–513.
Similarly, §2000e(b)’s text and structure did not demonstrate that
Congress “rank[ed]” that requirement as jurisdictional. See
id., at 513–516. As we observed, the employee numerosity
requirement is located in a provision “separate” from
§2000e–5(f)(3), Title VII’s jurisdiction-granting section,
distinguishing it from the “amount-in-controversy threshold
ingredient of subject-matter jurisdiction … in
diversity-of-jurisdiction under 28 U. S. C. §1332.”
Arbaugh, 546 U. S., at 514–515. Accordingly, the
numerosity requirement could not fairly be read to “ ‘speak in
jurisdictional terms or in any way refer to the jurisdiction of the
district courts.’ ” Id., at 515 (quoting
Zipes v. Trans World Airlines, Inc., 455 U. S. 385, 394
(1982)). We thus “refrain[ed] from” construing the numerosity
requirement to “constric[t] §1331 or Title VII’s jurisdictional
provision.” Arbaugh, supra, at 515 (internal quotation
marks omitted).
We now apply this same
approach to §411(a).
B
Section 411(a)
provides:
“Except for an action brought for a
violation of the rights of the author under section 106A(a), and
subject to the provisions of subsection (b), no civil action for
infringement of the copyright in any United States work shall be
instituted until preregistration or registration of the copyright
claim has been made in accordance with this title. In any case,
however, where the deposit, application, and fee required for
registration have been delivered to the Copyright Office in proper
form and registration has been refused, the applicant is entitled
to institute a civil action for infringement if notice thereof,
with a copy of the complaint, is served on the Register of
Copyrights. The Register may, at his or her option, become a party
to the action with respect to the issue of registrability of the
copyright claim by entering an appearance within sixty days after
such service, but the Register’s failure to become a party shall
not deprive the court of jurisdiction to determine that
issue.”
We must consider
whether §411(a) “clearly states” that its registration requirement
is “jurisdictional.” Arbaugh, supra, at 515. It
does not. Amicus disagrees, pointing to
the presence of the word “jurisdiction” in the last sentence of
§411(a) and contending that the use of the term there indicates the
jurisdictional cast of §411(a)’s first sentence as well. Brief for
Court-Appointed Amicus Curiae in support of Judgment Below
18 (hereinafter Amicus Brief). But this reference to
“jurisdiction” cannot bear the weight that amicus places
upon it. The sentence upon which amicus relies
states:
“The Register [of Copyrights] may,
at his or her option, become a party to the [copyright
infringement] action with respect to the issue of
registrability of the copyright claim by entering an
appearance within sixty days after such service, but the Register’s
failure to become a party shall not deprive the court of
jurisdiction to determine that issue.” §411(a) (emphasis
added).
Congress added
this sentence to the Act in 1976, 90 Stat. 2583, to clarify that a
federal court can determine “the issue of registrability of the
copyright claim” even if the Register does not appear in the
infringement suit. That clarification was necessary because courts
had interpreted §411(a)’s precursor provision,[Footnote 4] which imposed a similar registration
requirement, as prohibiting copyright owners who had been
refused registration by the Register of Copyrights from
suing for infringement until the owners first sought
mandamus against the Register. See Vacheron & Constantin-Le
Coultre Watches, Inc. v. Benrus Watch Co., 260
F. 2d 637, 640–641 (CA2 1958) (construing §411(a)’s
precursor). The 1976 amendment made it clear that a federal court
plainly has adjudicatory authority to determine “that
issue,” §411(a) (emphasis added)—i.e., the issue of
registrability—regardless of whether the Register is a
party to the infringement suit. The word “jurisdiction,”
as used here, thus says nothing about whether a federal court has
subject-matter jurisdiction to adjudicate claims for infringement
of unregistered works.
Moreover, §411(a)’s
registration requirement, like Title VII’s numerosity requirement,
is located in a provision “separate” from those granting federal
courts subject-matter jurisdiction over those respective claims.
See Arbaugh, supra, at 514–515. Federal district
courts have subject-matter jurisdiction over copyright infringement
actions based on 28 U. S. C. §§1331 and 1338. But neither
§1331, which confers subject-matter jurisdiction over questions of
federal law, nor §1338(a), which is specific to copyright claims,
conditions its jurisdictional grant on whether copyright holders
have registered their works before suing for infringement. Cf.
Arbaugh, supra, at 515 (“Title VII’s
jurisdictional provision” does not “specif[y] any threshold
ingredient akin to 28 U. S. C. §1332’s monetary floor”).
Nor does any other factor
suggest that 17 U. S. C. A. §411(a)’s registration
requirement can be read to “ ‘speak in jurisdictional terms or
refer in any way to the jurisdiction of the district
courts.’ ” Arbaugh, 546 U. S., at 515 (quoting
Zipes, 455 U. S., at 394). First, and most significantly,
§411(a) expressly allows courts to adjudicate infringement
claims involving unregistered works in three circumstances: where
the work is not a U. S. work, where the infringement claim concerns
rights of attribution and integrity under §106A, or where the
holder attempted to register the work and registration was refused.
Separately, §411(c) permits courts to adjudicate infringement
actions over certain kinds of unregistered works where the author
“declare[s] an intention to secure copyright in the work” and
“makes registration for the work, if required by subsection (a),
within three months after [the work’s] first transmission.” 17 U.
S. C. §§411(c)(1)–(2). It would be at least unusual to ascribe
jurisdictional significance to a condition subject to these sorts
of exceptions.[Footnote
5]
That the numerosity
requirement in Arbaugh could be considered an element of a
Title VII claim, rather than a prerequisite to initiating a
lawsuit, does not change this conclusion, as our decision in
Zipes demonstrates. Zipes (upon which
Arbaugh relied) held that Title VII’s requirement that
sex-discrimination claimants timely file a discrimination charge
with the EEOC before filing a civil action in federal court was
nonjurisdictional. See 455 U. S., at 393; 42 U. S. C.
§2000e–5(f)(1) (establishing specific time periods within which a
discrimination claimant must file a lawsuit after filing a charge
with the EEOC). A statutory condition that requires a party to take
some action before filing a lawsuit is not automatically “a
jurisdictional prerequisite to suit.” Zipes, 455
U. S., at 393 (emphasis added). Rather, the jurisdictional analysis
must focus on the “legal character” of the requirement,
id., at 395, which we discerned by looking to the
condition’s text, context, and relevant historical treatment,
id., at 393–395; see also National Railroad Passenger
Corporation v. Morgan, 536 U. S. 101, 119–121 (2002). We
similarly have treated as nonjurisdictional other types of
threshold requirements that claimants must complete, or exhaust,
before filing a lawsuit.[Footnote
6]
The registration requirement
in 17 U. S. C. A. §411(a) fits in this mold. Section
411(a) imposes a precondition to filing a claim that is not clearly
labeled jurisdictional, is not located in a jurisdiction-granting
provision, and admits of congressionally authorized exceptions. See
§§411(a)–(c). Section 411(a) thus imposes a type of precondition to
suit that supports nonjurisdictional treatment under our
precedents.
C
Amicus
insists that our decision in Bowles, 551 U. S. 205, compels a conclusion
contrary to the one we reach today. Amicus cites
Bowles for the proposition that where Congress did not
explicitly label a statutory condition as jurisdictional, a court
nevertheless should treat it as such if that is how the condition
consistently has been interpreted and if Congress has not disturbed
that interpretation. Amicus Brief 26. Specifically,
amicus relies on a footnote in Bowles to argue
that here, as in Bowles, it would be improper to
characterize the statutory condition as nonjurisdictional because
doing so would override “ ‘a century’s worth of
precedent’ ” treating §411(a)’s registration requirement as
jurisdictional. Amicus Brief 26 (quoting Bowles,
supra, at 209, n. 2). This argument focuses on the
result in Bowles, rather than on the analysis we
employed.
Bowles
did not hold that any statutory condition devoid of an express
jurisdictional label should be treated as jurisdictional simply
because courts have long treated it as such. Nor did it hold that
all statutory conditions imposing a time limit should be considered
jurisdictional.[Footnote 7]
Rather, Bowles stands for the proposition that context,
including this Court’s interpretation of similar provisions in many
years past, is relevant to whether a statute ranks a requirement as
jurisdictional.
In Bowles, we
considered 28 U. S. C. §2107, which requires parties in a
civil action to file a notice of appeal within 30 days of the
judgment being appealed, and Rule 4 of the Federal Rules of
Appellate Procedure, which “carries §2107 into practice.” 551 U.
S., at 208. After analyzing §2107’s specific language and this
Court’s historical treatment of the type of limitation §2107
imposes (i.e., statutory deadlines for filing appeals), we
concluded that Congress had ranked the statutory condition as
jurisdictional. Our focus in Bowles on the historical
treatment of statutory conditions for taking an appeal is thus
consistent with the Arbaugh framework. Indeed,
Bowles emphasized that this Court had long treated such
conditions as jurisdictional, including in statutes other
than §2107, and specifically in statutes that predated the creation
of the courts of appeals. See 551 U. S., at 209–210, and
n. 2.
Bowles therefore
demonstrates that the relevant question here is not (as
amicus puts it) whether §411(a) itself has long been
labeled jurisdictional, but whether the type of limitation that
§411(a) imposes is one that is properly ranked as jurisdictional
absent an express designation. The statutory limitation in
Bowles was of a type that we had long held did
“speak in jurisdictional terms” even absent a “jurisdictional”
label, and nothing about §2107’s text or context, or the historical
treatment of that type of limitation, justified a departure from
this view. That was not the case, however, for the types of
conditions in Zipes and Arbaugh.
Here, that same analysis leads
us to conclude that §411(a) does not implicate the subject-matter
jurisdiction of federal courts. Although §411(a)’s historical
treatment as “jurisdictional” is a factor in the analysis, it is
not dispositive. The other factors discussed above demonstrate that
§411(a)’s registration requirement is more analogous to the
nonjurisdictional conditions we considered in Zipes and
Arbaugh than to the statutory time limit at issue in
Bowles.[Footnote 8] We
thus conclude that §411(a)’s registration requirement is
nonjurisdictional, notwithstanding its prior jurisdictional
treatment.[Footnote
9]
III
Amicus
argues that even if §411(a) is nonjurisdictional, we should
nonetheless affirm on estoppel grounds the Court of Appeals’
judgment vacating the District Court’s order approving the
settlement and dismissing the case. According to amicus,
petitioners asserted previously in these proceedings that copyright
registration was jurisdictional, and this assertion should estop
them from now asserting a right to waive objections to the authors’
failure to register. Amicus urges us to prevent the
parties “from ‘playing fast and loose with the courts’ by
‘deliberately changing positions according to the exigencies of the
moment.’ ” Amicus Brief 58 (quoting New
Hampshire v. Maine, 532 U. S. 742, 750
(2001)).
We agree that
some statements in the parties’ submissions to the District Court
and the Court of Appeals are in tension with their arguments here.
But we decline to apply judicial estoppel. As we explained in
New Hampshire, that doctrine typically applies when, among
other things, a “party has succeeded in persuading a court to
accept that party’s earlier position, so that judicial acceptance
of an inconsistent position in a later proceeding would create the
perception that either the first or the second court was misled.”
Id., at 750 (internal quotation marks omitted).
Such circumstances do not
exist here for two reasons. First, the parties made their prior
statements when negotiating or defending the settlement agreement.
We do not fault the parties’ lawyers for invoking in the
negotiations binding Circuit precedent that supported their
clients’ positions. Perhaps more importantly, in approving the
settlement, the District Court did not adopt petitioners’
interpretation of §411(a) as jurisdictional. Second, when the Court
of Appeals asked petitioners to brief whether §411(a) restricted
the District Court’s subject-matter jurisdiction, they argued that
it did not, and the Court of Appeals rejected their arguments. See
App. to Reply Brief for Petitioners 3a–5a, and n. 2. Accepting
petitioners’ arguments here thus cannot create “inconsistent court
determinations” in their favor. New Hampshire,
supra, at 751 (internal quotation marks omitted). We
therefore hold that the District Court had authority to adjudicate
the parties’ request to approve their settlement.
IV
Our holding that
§411(a) does not restrict a federal court’s subject-matter
jurisdiction precludes the need for us to address the parties’
alternative arguments as to whether the District Court had
authority to approve the settlement even under the Court of
Appeals’ erroneous reading of §411. In concluding that the District
Court had jurisdiction to approve the settlement, we express no
opinion on the settlement’s merits.
We also decline
to address whether §411(a)’s registration requirement is a
mandatory precondition to suit that—like the threshold conditions
in Arizona v. California, 530 U. S. 392, 412–413
(2000) (res judicata defense); Day v. McDonough,
547 U. S. 198,
205–206 (2006) (habeas statute of limitations); and
Hallstrom v. Tillamook County, 493 U. S. 20, 26, 31
(1989) (Resource Conservation and Recovery Act of 1976 notice
provision)—district courts may or should enforce sU.
S.onte by dismissing copyright infringement claims involving
unregistered works.
* * *
We reverse the
judgment of the Court of Appeals for the Second Circuit and remand
this case for proceedings consistent with this opinion.
It is so ordered.
Justice Sotomayor
took no part in the consideration or decision of this
case.
Footnote
1
Other sections of the
Act—principally §§408–410—detail the registration process, and
establish remedial incentives to encourage copyright holders to
register their works, see, e.g., §410(c); 17 U.
S. C. A. §412 (2005 ed. and Supp. 2009).
Footnote
2
See La Resolana
Architects, PA v. Clay Realtors Angel Fire, 416
F. 3d 1195, 1200–1201 (CA10 2005); Positive Black Talk
Inc. v. Cash Money Records Inc., 394 F. 3d 357,
365 (CA5 2004); Xoom, Inc. v. Imageline, Inc.,
323 F. 3d 279, 283 (CA4 2003); Murray Hill Publications,
Inc. v. ABC Communications, Inc., 264 F. 3d 622,
630, and n. 1 (CA6 2001); Brewer-Giorgio v.
Producers Video, Inc., 216 F. 3d 1281, 1285 (CA11
2000); Data Gen. Corp. v. Grumman Systems Support
Corp., 36 F. 3d 1147, 1163 (CA1 1994).
Footnote
3
We appointed Deborah Jones
Merritt to brief and argue the case, as amicus curiae, in
support of the Court of Appeals’ judgment. Ms. Merritt has ably
discharged her assigned responsibilities.
Footnote
4
See Act of Mar. 4, 1909, §12,
35 Stat. 1078.
Footnote
5
Cf. Zipes, 455 U.
S., at 393–394, 397 (relying on the fact that Congress had
“approved” at least some cases awarding Title VII relief to
claimants who had not complied with the statute’s Equal Employment
Opportunity Commission (EEOC) filing requirement in holding that
the filing requirement was not a jurisdictional prerequisite to
suit); United States v. Cotton, 535 U. S. 625, 630
(2002) (“[J]urisdiction” properly refers to a court’s power to hear
a case, a matter that “can never be forfeited or
waived”).
Footnote
6
See Jones v.
Bock, 549
U. S. 199, 211 (2007) (treating the administrative exhaustion
requirement of the Prison Litigation Reform Act of 1995
(PLRA)—which states that “no action shall be brought with respect
to prison conditions under §1983 of this title, or any other
Federal law, by a prisoner … until such administrative remedies as
are available are exhausted,” 42 U. S. C. §1997e(a)—as an
affirmative defense even though “[t]here is no question that
exhaustion is mandatory under the PLRA and that unexhausted claims
cannot be brought in court”); Woodford v. Ngo,
548 U. S. 81, 93
(2006) (same).
Footnote
7
Bowles, for example,
distinguished Scarborough v. Principi, 541 U. S. 401 (2004),
which characterized as nonjurisdictional an express statutory time
limit for initiating postjudgment proceedings for attorney’s fees
under the Equal Access to Justice Act. See 551 U. S., at 211. As we
explained, the time limit in Scarborough “concerned ‘a
mode of relief … ancillary to the judgment of a court’
that already had plenary jurisdiction.” 551 U. S., at 211 (quoting
Scarborough, supra, at 413; (emphasis added)).
Bowles also distinguished Kontrick v.
Ryan, 540 U. S. 443 (2004), and
Eberhart v. United States, 546 U. S. 12 (2005)
(per curiam), as cases in which the Court properly held
that certain time limits were nonjurisdictional because they were
imposed by rules that did not purport to have any jurisdictional
significance. See 551 U. S., at 210–211. Kontrick involved
“time constraints applicable to objections to discharge” in
bankruptcy proceedings. 540 U. S., at 453. In that case, we first
examined 28 U. S. C. §157(b)(2)(J), the statute “conferring
jurisdiction over objections to discharge,” and observed that it
did not contain a timeliness requirement. Kontrick, 540 U.
S., at 453. Rather, the “time constraints applicable to objections
to discharge” were contained in the Bankruptcy Rules, which
expressly state that they “ ‘shall not be construed to extend
or limit the jurisdiction of the courts.’ ” See ibid.
(quoting Fed. Rule Bkrtcy. Proc. 9030). Eberhart, in turn,
treated as nonjurisdictional certain rules that the Court held
“closely parallel[ed]” those in Kontrick. 546 U. S., at
15.
Footnote
8
This conclusion mirrors our
holding in Zipes that Title VII’s EEOC filing requirement
was nonjurisdictional, even though some of our own decisions had
characterized it as jurisdictional. See 455 U. S., at 395 (noting
that “the legal character of the requirement was not at issue in
those” earlier cases); see also National Railroad Passenger
Corporation v. Morgan, 536 U. S. 101, 109, 121 (2002)
(relying on the analysis in Zipes).
Footnote
9
Amicus’ remaining
jurisdictional argument—that the policy goals underlying copyright
registration support construing §411(a)’s registration provisions
as jurisdictional, see Amicus Brief 45—is similarly
unavailing. We do not agree that a condition should be ranked as
jurisdictional merely because it promotes important congressional
objectives. See Arbaugh v. Y & H Corp.,
546 U. S. 500, 504, 515–516 (2006)
(holding that Title VII’s numerosity requirement is
nonjurisdictional even though it serves the important policy goal
of “spar[ing] very small businesses from Title VII
liability”).
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