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SUPREME COURT OF THE UNITED STATES
_________________
No. 21–1164
_________________
LARRY STEVEN WILKINS, et al., PETITIONERS
v. UNITED STATES
on writ of certiorari to the united states
court of appeals for the ninth circuit
[March 28, 2023]
Justice Sotomayor delivered the opinion of the
Court.
Larry Steven Wilkins and Jane Stanton wanted
quiet titles and a quiet road. Wilkins and Stanton, the petitioners
here, both live alongside Robbins Gulch Road in rural Montana. The
United States has permission, called an easement, for use of the
road, which the Government interprets to include making the road
available for public use. Petitioners allege that the road’s public
use has intruded upon their private lives, with strangers
trespassing, stealing, and even shooting Wilkins’ cat.
Petitioners sued over the scope of the easement
under the Quiet Title Act, which allows challenges to the United
States’ rights in real property. Invoking the Act’s 12-year time
limit, 28 U. S. C. §2409a(g), the Government maintains
that the suit is jurisdictionally barred. Petitioners counter, and
the Court holds, that §2409a(g) is a nonjurisdictional
claims-processing rule.
I
Robbins Gulch Road runs through about a mile
of private property. Petitioners acquired their properties along
the road in 1991 and 2004. Back in 1962, petitioners’ predecessors
in interest had granted the United States an easement for the road.
The Government contends that the easement includes public access,
which petitioners dispute. On petitioners’ telling, the easement
does not allow access to the general public and requires the
Government to maintain and patrol the road.
In 2018, petitioners brought suit under the
Quiet Title Act. The Government moved to dismiss the action on the
ground that the Act’s 12-year time limit had expired. Under the
Act, “[a]ny civil action . . . , except for an action
brought by a State, shall be barred unless it is commenced within
twelve years of the date upon which it accrued.” §2409a(g). Accrual
occurs “on the date the plaintiff or his predecessor in interest
knew or should have known of the claim of the United States.”
Ibid. The parties disagreed as to whether the Act’s time
limit is jurisdictional, which is relevant to the procedures for
litigating whether §2409a(g) bars petitioners’ claim.[
1]
The District Court agreed with the Government
and dismissed the case for lack of subject-matter jurisdiction. The
Ninth Circuit affirmed the dismissal for lack of jurisdiction. 13
F. 4th 791 (2021). Applying Circuit precedent, the Court of Appeals
held that this Court had already interpreted §2409a(g) as
jurisdictional in
Block v.
North Dakota ex rel. Board of
Univ. and School Lands,
461
U.S. 273 (1983). This further entrenched a divide among the
Courts of Appeals.[
2] This
Court granted certiorari to resolve the split, 596 U. S. ___
(2022), and now reverses the Ninth Circuit’s judgment.
II
A
“Jurisdiction, this Court has observed, is a
word of many, too many, meanings.”
Arbaugh v.
Y & H
Corp.,
546 U.S.
500, 510 (2006) (internal quotation marks omitted). In
particular, this Court has emphasized the distinction between
limits on “the classes of cases a court may entertain
(subject-matter jurisdiction)” and “nonjurisdictional
claim-processing rules, which seek to promote the orderly progress
of litigation by requiring that the parties take certain procedural
steps at certain specified times.”
Fort Bend County v.
Davis, 587 U. S. ___, ___–___ (2019) (slip op., at 6–7)
(internal quotation marks omitted). The latter category generally
includes a range of “threshold requirements that claimants must
complete, or exhaust, before filing a lawsuit.”
Reed Elsevier,
Inc. v.
Muchnick,
559 U.S.
154, 166 (2010).
To police this jurisdictional line, this Court
will “treat a procedural requirement as jurisdictional only if
Congress ‘clearly states’ that it is.”
Boechler v.
Commissioner, 596 U. S. ___, ___ (2022) (slip op., at
3) (quoting
Arbaugh, 546 U. S., at 515). This principle
of construction is not a burden courts impose on Congress. To the
contrary, this principle seeks to avoid judicial interpretations
that undermine Congress’ judgment. Loosely treating procedural
requirements as jurisdictional risks undermining the very reason
Congress enacted them.
Procedural rules often “seek to promote the
orderly progress of litigation” within our adversarial system.
Henderson v.
Shinseki,
562 U.S.
428, 435 (2011). Limits on subject-matter jurisdiction, in
contrast, have a unique potential to disrupt the orderly course of
litigation. “Branding a rule as going to a court’s subject-matter
jurisdiction alters the normal operation of our adversarial
system.”
Id., at 434. “For purposes of efficiency and
fairness, our legal system is replete with rules” like forfeiture,
which require parties to raise arguments themselves and to do so at
certain times.
Ibid. Jurisdictional bars, however, “may be
raised at any time” and courts have a duty to consider them
sua sponte.
Ibid. When such eleventh-hour
jurisdictional objections prevail post-trial or on appeal, “many
months of work on the part of the attorneys and the court may be
wasted.”
Id., at 435. Similarly, doctrines like waiver and
estoppel ensure efficiency and fairness by precluding parties from
raising arguments they had previously disavowed. Because these
doctrines do not apply to jurisdictional objections, parties can
disclaim such an objection, only to resurrect it when things go
poorly for them on the merits.
Ibid.
Given this risk of disruption and waste that
accompanies the jurisdictional label, courts will not lightly apply
it to procedures Congress enacted to keep things running smoothly
and efficiently. Courts will also not assume that in creating a
mundane claims-processing rule, Congress made it “unique in our
adversarial system” by allowing parties to raise it at any time and
requiring courts to consider it
sua sponte.
Sebelius v.
Auburn Regional Medical Center,
568 U.S.
145, 153 (2013). Instead, “traditional tools of statutory
construction must plainly show that Congress imbued a procedural
bar with jurisdictional consequences.”
United States v.
Kwai Fun Wong, 575 U.S. 402, 410 (2015).
Under this clear statement rule, the analysis of
§2409a(g) is straightforward.[
3] “[I]n applying th[e] clear statement rule, we have made
plain that most time bars are nonjurisdictional.”
Ibid.
Nothing about §2409a(g)’s text or context gives reason to depart
from this beaten path. Section 2409a(g) states that an action
“shall be barred unless it is commenced within twelve years of the
date upon which it accrued.” This “text speaks only to a claim’s
timeliness,” and its “mundane statute-of-limitations language
say[s] only what every time bar, by definition, must: that after a
certain time a claim is barred.”
Id., at 410. Further,
“[t]his Court has often explained that Congress’s separation of a
filing deadline from a jurisdictional grant indicates that the time
bar is not jurisdictional.”
Id., at 411. The Quiet Title
Act’s jurisdictional grant is in 28 U. S. C.
§1346(f ),[
4] well afield
of §2409a(g). And “[n]othing conditions the jurisdictional grant on
the limitations perio[d], or otherwise links those separate
provisions.”
Wong, 575 U. S., at 412. Section 2409a(g)
therefore lacks a jurisdictional clear statement.
B
The Government does not focus on the text of
§2409a(g), but instead points to a trilogy of decisions by this
Court that purportedly establish that the provision is
jurisdictional. None of these three decisions definitively
interpreted §2409a(g) as jurisdictional.
This Court has made clear that it will not undo
a “definitive earlier interpretation” of a statutory provision as
jurisdictional without due regard for principles of
stare
decisis.
John R. Sand & Gravel Co. v.
United
States,
552 U.S.
130, 138 (2008). At the same time, however, “[c]ourts,
including this Court, have more than occasionally misused the term
‘jurisdictional’ to refer to nonjurisdictional prescriptions.”
Fort Bend, 587 U. S., at ___–___, n. 4 (slip op.,
at 5–6, n. 4) (some internal quotation marks and alterations
omitted). The mere fact that this Court previously described
something “without elaboration” as jurisdictional therefore does
not end the inquiry.
Henderson, 562 U. S., at 437. To
separate the wheat from the chaff, this Court has asked if the
prior decision addressed whether a provision is “ ‘technically
jurisdictional’ ”—whether it truly operates as a limit on a
court’s subject-matter jurisdiction—and whether anything in the
decision “turn[ed] on that characterization.”
Arbaugh, 546
U. S., at 512 (quoting
Steel Co. v.
Citizens for
Better Environment,
523 U.S.
83, 91 (1998)); see also
Zipes v.
Trans World
Airlines, Inc.,
455 U.S.
385, 395 (1982) (looking to whether “the legal character of the
requirement was . . . at issue”). If a decision simply
states that “the court is dismissing ‘for lack of jurisdiction’
when some threshold fact has not been established,” it is
understood as a “drive-by jurisdictional rulin[g]” that receives
“no precedential effect.”
Arbaugh, 546 U. S., at 511
(some internal quotation marks omitted).
The Government begins with
Block,
461
U.S. 273. The case presented “two separate issues” about the
Quiet Title Act, neither of which was whether the 12-year limit was
jurisdictional.
Id., at 276. First, the Court held that the
Act was “the exclusive procedure” for challenging “the title of the
United States to real property.”
Id., at 276–277, 286.
Second, the Court held that the 12-year limit applied to States.
Id., at 277. It was only in the opinion’s conclusion that,
in remanding, the Court remarked that if the time limit applied,
“the courts below had no jurisdiction to inquire into the merits.”
Id., at 292. The opinion contains no discussion of whether
the provision was “ ‘technically jurisdictional’ ” or
what in the case would have “turn[ed] on that characterization.”
Arbaugh, 546 U. S., at 512 (quoting
Steel Co.,
523 U. S., at 91). There is nothing more than an “unrefined
dispositio[n]” stating that a “threshold fact” must “b[e]
established” for there to be “jurisdiction.” 546 U. S., at 511
(internal quotation marks omitted). This is a textbook “drive-by
jurisdictional rulin[g]” that
Arbaugh held “should be
accorded no precedential effect” as to whether a limit is
jurisdictional.
Ibid. (internal quotation marks
omitted).
In an effort to endow a fleeting statement with
lasting significance, the Government and the dissent invoke
historical context.
Block described the Act’s time limit as
“a condition on the waiver of sovereign immunity.” 461 U. S.,
at 287.
Block never stated, however, that the Act’s time
limit was therefore truly a limit on subject-matter jurisdiction.
Yet according to the Government and the dissent, this went without
saying because the case law at the time was “unmistakably” clear
that conditions on waivers of immunity were subject-matter
jurisdictional.
Post, at 9.
This reading is undermined by the very history
on which it draws. In
Irwin v.
Department of Veterans
Affairs,
498 U.S.
89 (1990), the Court surveyed the case law about whether “time
limits in suits against the Government” are subject to “equitable
tolling, waiver, and estoppel.”
Id., at 94. If associating
time limits with waivers of sovereign immunity clearly made those
limits jurisdictional, equitable exceptions would be just as
clearly foreclosed. Instead,
Irwin described the Court’s
approach to this question as “ad hoc” and “unpredictab[le],”
“leaving open” whether equitable exceptions were available in any
given case.
Id., at 94–95. Accordingly, even if “a statute
of limitations [was] a condition on the waiver of sovereign
immunity and thus must be strictly construed,” this still “d[id]
not answer the question whether equitable tolling can be applied to
this statute of limitations.”
Bowen v.
City of New
York,
476 U.S.
467, 479 (1986). The Court instead analyzed the specific
statutory scheme at issue, with varying results.
Ibid.
(citing
Honda v.
Clark,
386 U.S.
484 (1967)).
Block itself reflected the ambivalent
nature of time limits for suits against the Government.
Block recognized that “we should not construe such a
time-bar provision unduly restrictively,” 461 U. S., at 287,
which the Court quoted just a few years later in support of the
proposition that some such limits are subject to equitable tolling,
Bowen, 476 U. S., at 479; see also
Irwin, 498
U. S., at 94. Similarly, while
Block cautioned that
exceptions to such time limits will not “be lightly implied,” it
did not hold they were categorically precluded. 461 U. S., at
287.
Block thus acknowledged nothing more than a general
proposition, echoed by
Irwin, that “a condition to the
waiver of sovereign immunity . . . must be strictly
construed.”
Irwin, 498 U. S., at 94. In
Irwin,
as elsewhere, this did not mean that time limits accompanying such
waivers are necessarily jurisdictional.
Next, the Government offers
United States
v.
Mottaz,
476 U.S.
834 (1986). Once again, the question presented was not whether
the Quiet Title Act’s 12-year time limit was technically
jurisdictional. The Court instead had to decide which of two
possible statutory time bars applied.
Id., at 841. This
analysis proceeded in two steps. First, the Court asked which of
several federal statutes—“the Quiet Title Act; the Allotment Acts;
[or] the Tucker Act”—was the “source of . . .
jurisdiction” based on the nature of the plaintiff ’s claim
and the relief sought.
Ibid. (citations omitted). The Court
explained that the Quiet Title Act applied because it was
“ ‘the exclusive means by which adverse claimants could
challenge the United States’ title to real property,’ ” and
the plaintiff ’s claim fell “within the Act’s scope.”
Id., at 841–842 (quoting
Block, 461 U. S., at
286). Second, the Court “then determine[d] whether [the] suit was
brought within the relevant limitations period.”
Mottaz, 476
U. S., at 841. The Court concluded that the plaintiff had
notice over 12 years before she sued, and “[h]er claim [was]
therefore barred.”
Id., at 843–844. Neither step in the
Court’s analysis “turn[ed] on” whether any time limits were
“ ‘technically jurisdictional.’ ”
Arbaugh, 546
U. S., at 512 (quoting
Steel Co., 523 U. S., at
91).
General statements in the opinion about waivers
of immunity cannot change this basic fact. At the outset of its
analysis, the Court observed that “the terms of [the United
States’] waiver of sovereign immunity define the extent of the
court’s jurisdiction” and that “ ‘a statute of limitations
. . . constitutes a condition on the waiver.’ ”
Mottaz, 476 U. S., at 841 (quoting
Block, 461
U. S., at 287). Neither of these statements, however, played a
role in determining which statute applied or whether the plaintiff
brought her claim within 12 years after it accrued. There is also
no indication in the opinion that the parties raised tolling or
other equitable exceptions. As such, “ ‘the legal
character’ ” of the time limit was never “ ‘at
issue.’ ”
Reed Elsevier, 559 U. S., at 169, n. 8
(quoting
Zipes, 455 U. S., at 395).
The Government also points to
Mottaz’s
procedural background section. Buried in a paragraph recounting a
tangled procedural history, the Court remarked that the Government
raised the Quiet Title Act, “apparently for the first time,” in a
petition for rehearing. 476 U. S., at 840. This supposedly
reveals that the Court
sua sponte and
sub
silentio raised, considered, and rejected an argument that the
Government had forfeited the Quiet Title Act’s time limit, doing so
all because the time limit was jurisdictional. Yet a background
section is an unlikely place for such a ruling. This is
particularly true where, as the word “apparently” indicates, the
Court did not pause over its passing remark. Nor did the Court
mention this again. Further, even if the Court had secretly
considered forfeiture, there were nonjurisdictional reasons the
Court could have concluded forfeiture did not apply.[
5] Speculating about what this Court might
have thought about arguments it never addressed needlessly
introduces confusion. This Court looks for definitive
interpretations, not holdings in hiding.
Finally, there is
United States v.
Beggerly,
524 U.S.
38 (1998). The Court in
Beggerly addressed whether
§2409a(g) could be equitably tolled.
Id., at 48–49.
Subject-matter jurisdiction, as noted, is never subject to
equitable tolling. If
Block and
Mottaz had definitely
interpreted §2409a(g) as subject-matter jurisdictional, the Court
could have just cited those cases and ended the matter without
further discussion.[
6] Instead,
the Court parsed the provision’s text and context, concluding that
“by providing that the statute of limitations will not begin to run
until the plaintiff ‘knew or should have known of the claim of the
United States,’ ” the law “has already effectively allowed for
equitable tolling.”
Beggerly, 524 U. S., at 48. Also
relevant were “the unusually generous” time limit and the
importance of clarity when it comes to land rights.
Id., at
48–49. This careful analysis of whether the text and context were
consistent with equitable tolling would have been wasted words if
the Court had already held that §2409a(g) was jurisdictional.
Precisely because the Court’s inquiry was so focused on the
particular nature of equitable tolling,
Beggerly also did
not address whether other exceptions such as “fraudulent
concealment or equitable estoppel might apply,” as Justice Stevens
noted in his concurrence.
Id., at 49. If anything,
Beggerly’s discussion of nonjurisdictional reasons why
tolling specifically was unavailable indicates the Court understood
§2409a(g) not to be jurisdictional. Thus,
Beggerly
undermines any notion that
Block and
Mottaz had put
the jurisdictional question to rest.
All three cases therefore point in one
direction: This Court has never definitively interpreted §2409a(g)
as jurisdictional.[
7] For
similar reasons, the Government’s argument about legislative
acquiescence is unavailing. Congress amended the Act in 1986 to
provide special rules for States in the wake of
Block. See
100Stat. 3351–3352. Then, as now, “none of our decisions
establishe[d]” that the time limit was jurisdictional, so there was
no definitive judicial interpretation to which Congress could
acquiesce.
Alexander v.
Sandoval,
532 U.S.
275, 291 (2001). The mere existence of a decision employing the
term jurisdiction without elaboration does not show Congress
adopted that view. Nor can the Government’s handful of lower court
opinions stand in for a ruling of this Court, especially where some
of these decisions contain only fleeting references to
jurisdiction.[
8] See
Boechler, 596 U. S., at ___–___ (slip op., at 7–8).
All told, neither this Court’s precedents nor
Congress’ actions established that §2409a(g) is jurisdictional.
While the Government warns that revisiting precedent results in
uncertainty, no revisiting is necessary here. Far more uncertainty
would follow from the Government’s method of divining definitive
interpretations from stray remarks.
* * *
Section 2409a(g) is a nonjurisdictional
claims-processing rule. The Court of Appeals’ contrary judgment is
reversed, and the case is remanded for further proceedings
consistent with this opinion.
It is so ordered.
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