Wilkins v. United States HTML PDF
Decided: Syllabus | Majority Opinion | Dissent
Syllabus
WILKINS v. UNITED STATES
13 F. 4th 791, reversed and remanded.
NOTE:âWhere it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
WILKINS et al. v. UNITED STATES
certiorari to the united states court of appeals for the ninth circuit
Petitioners Larry Steven Wilkins and Jane Stanton own properties in rural Montana that border a road for which the United States has held an easement since 1962. The Government claims that the easement includes public access, which petitioners dispute. In 2018, petitioners sued the Government under the Quiet Title Act, which allows challenges to the United Statesâ rights in real property. The Government moved to dismiss on the ground that petitionersâ claim is barred by the Actâs 12-year time bar. 28 U. S. C. §2409a(g). Petitioners countered that §2409a(g)âs time limit is a nonjurisdictional claims-processing rule. The District Court agreed with the Government and dismissed the case for lack of subject-matter jurisdiction. The Ninth Circuit held that §2409a(g) had already been interpreted as jurisdictional in Block v. North Dakota ex rel. Board of Univ. and School Lands, 461 U. S. 273, and affirmed.
Held:Â Section 2409a(g) is a nonjurisdictional claims-processing rule. Pp. 3â12.
â(a) Jurisdiction is a word of many meanings. This Court has emphasized the distinction between âthe classes of cases a court may entertain (subject-matter jurisdiction)â and ânonjurisdictional 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.â Fort Bend County v. Davis, 587 U. S. ___, ___. Nonjurisdictional claim-processing rules generally include a range of âthreshold requirements that claimants must complete, or exhaust, before filing a lawsuit.â Reed Elsevier, Inc. v. Muchnick, 559 U. S. 154, 166. Jurisdictional barsâwhich may be raised by any party at any time during the proceedings and which are required to be raised by a court sua sponteârun the risk of disrupting the âorderly progress of  litigationâ that procedural rules often âseek to promote.â Henderson v. Shinseki, 562 U. S. 428, 435.
âGiven the risk of disruption and waste that accompanies the jurisdictional label, a procedural requirement will be construed as jurisdictional only if Congress âclearly statesâ that it is. Boechler v. Commissioner, 596 U. S. ___, ___. To determine whether the statutory text âplainly show[s] that Congress imbued a procedural bar with jurisdictional consequences,â courts apply âtraditional tools of statutory construction.â United States v. Kwai Fun Wong, 575 U. S. 402, 410.
âSection 2409a(g) lacks a jurisdictional clear statement, and nothing about §2409a(g)âs text or context gives reason to depart from this Courtâs observation that âmost time bars are nonjurisdictional.â Ibid. Section 2409a(g) states that an action âshall be barred unless it is commenced within twelve years of the date upon which it accrued.â This âtext speaks only to a claimâs timeliness,â and its âmundane statute-of-limitations language say[s] only what every time bar, by definition, must: that after a certain time a claim is barred.â Ibid. Further, â[t]his Court has often explained that Congressâs separation of a filing deadline from a jurisdictional grant indicates that the time bar is not jurisdictional.â Id., at 411. Here, the Quiet Title Actâs jurisdictional grant is in §1346(f), well afield of §2409a(g). And â[n]othing [in §1346(f)] conditions the jurisdictional grant on the limitations perio[d in §2409a(g)] or otherwise links those separate provisions.â Id., at 412. Pp. 3â5.
â(b) None of the three decisions of this Court on which the Government reliesâBlock, 461 U. S. 273, United States v. Mottaz, 476 U. S. 834, and United States v. Beggerly, 524 U. S. 38âdefinitively interpreted §2409a(g) as jurisdictional. This Court has made clear that it will not undo a âdefinitive earlier interpretationâ of a statutory provision as jurisdictional without due regard for the principles of stare decisis. John R. Sand & Gravel Co. v. United States, 552 U. S. 130, 138. Yet the mere fact that this Court previously described something as jurisdictional is not dispositive, as â[c]ourts, including this Court, have more than occasionally misused the term âjurisdictionalâ to refer to nonjurisdictional prescriptions.â Fort Bend, 587 U. S., at ___â___, n. 4. To separate âdefinitiveâ interpretations of jurisdiction from those in which the term âjurisdictionalâ has been used imprecisely, the Court asks if a prior decision addressed whether a provision is â âtechnically jurisdictional,â â i.e., whether it truly operates as a limit on a courtâs subject-matter jurisdiction, and whether anything in the decision âturn[ed] on that characterization.â Arbaugh v. Y & H Corp., 546 U. S. 500, 512 (quoting Steel Co. v. Citizens for Better Environment, 523 U. S. 83, 91). A decision that simply states that âthe court is dismiss ing âfor lack of jurisdictionâ when some threshold fact has not been establishedâ is understood as a âdrive-by jurisdictional rulin[g]â and receives âno precedential effect.â Arbaugh, 546 U. S., at 511.
âBlock is a textbook âdrive-by jurisdictional rulin[g].â Arbaugh, 546 U. S., at 511. The Government points to a statement in that opinionâs conclusion that if the Quiet Title Actâs time limit applied, âthe courts below had no jurisdiction to inquire into the merits,â Block, 461 U. S., at 292. Yet there is no discussion in Block about whether the provision is â âtechnically jurisdictionalâ ââjust a mere statement that a âthreshold factâ must âb[e] establishedâ for there to be âjurisdiction.â Arbaugh, 546 U. S., at 512. While Block did describe the Actâs time limit as âa condition on the waiver of sovereign immunity,â 461 U. S., at 287, Block never addressed whether the Actâs time limit was truly a limit on subject-matter jurisdiction, nor did anything in the case turn on this question. Contrary to the Governmentâs contentions, even in that era, time limits in suits against the Government were not necessarily subject-matter jurisdictional under this Courtâs caselaw.
âLike Block, Mottaz contains no discussion of whether the Quiet Title Actâs 12-year time bar was technically jurisdictional. Instead, the Court decided which of two possible time bars applied and, having determined it was the Quiet Title Actâs 12-year limit, concluded that the plaintiff had notice over 12 years before she sued. Neither step in the Courtâs analysis âturn[ed] onâ whether any time limits were â âtechnically jurisdictional.â â Arbaugh, 546 U. S., at 512. Once again, general statements in the opinion about waivers of immunity cannot change this basic fact.
âFinally, in Beggerly, the Court carefully analyzed whether the text and context of §2409a(g) were consistent with equitable tolling. This would have been a mere waste of words if the Court had already held in Block and Mottaz that §2409a(g) was jurisdictional.
âThese three cases point in one direction: This Court has never definitively interpreted §2409a(g) as jurisdictional. The Governmentâs argument about legislative acquiescence is unavailing given the absence of any definitive judicial interpretation to which Congress could acquiesce. Pp. 5â12.
13 F. 4th 791, reversed and remanded.
âSotomayor, J., delivered the opinion of the Court, in which Kagan, Gorsuch, Kavanaugh, Barrett, and Jackson, JJ., joined. Thomas, J., filed a dissenting opinion, in which Roberts, C. J., and Alito, J., joined.
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Opinion
NOTICE:âThis opinion is subject to formal revision before publication in the preliminary print of the United States Reports.âReaders are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.
SUPREME COURT OF THE UNITED STATES
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No. 21â1164
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LARRY STEVEN WILKINS, et al., PETITIONERS v. UNITED STATES
on writ of certiorari to the united states court of appeals for the ninth circuit
âJustice Sotomayor delivered the opinion of the Court.
âLarry 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 roadâs public use has intruded upon their private lives, with strangers trespassing, stealing, and even shooting Wilkinsâ cat.
âPetitioners sued over the scope of the easement under the Quiet Title Act, which allows challenges to the United Statesâ rights in real property. Invoking the Actâs 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
âRobbins Gulch Road runs through about a mile of private property. Petitioners acquired their properties along the  road in 1991 and 2004. Back in 1962, petitionersâ 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 petitionersâ telling, the easement does not allow access to the general public and requires the Government to maintain and patrol the road.
âIn 2018, petitioners brought suit under the Quiet Title Act. The Government moved to dismiss the action on the ground that the Actâs 12-year time limit had expired. Under the Act, â[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.â §2409a(g). Accrual occurs âon the date the plaintiff or his predecessor in interest knew or should have known of the claim of the United States.â Ibid. The parties disagreed as to whether the Actâs time limit is jurisdictional, which is relevant to the procedures for litigating whether §2409a(g) bars petitionersâ claim.1
âThe 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 Circuitâs judgment.
II
A
ââJurisdiction, this Court has observed, is a word of many, too many, meanings.â 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 âthe classes of cases a court may entertain  (subject-matter jurisdiction)â and ânonjurisdictional 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.â Fort Bend County v. Davis, 587 U. S. ___, ___â___ (2019) (slip op., at 6â7) (internal quotation marks omitted). The latter category generally includes a range of âthreshold requirements that claimants must complete, or exhaust, before filing a lawsuit.â Reed Elsevier, Inc. v. Muchnick, 559 U. S. 154, 166 (2010).
âTo police this jurisdictional line, this Court will âtreat a procedural requirement as jurisdictional only if Congress âclearly statesâ that it is.â 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 Congressâ judgment. Loosely treating procedural requirements as jurisdictional risks undermining the very reason Congress enacted them.
âProcedural rules often âseek to promote the orderly progress of litigationâ 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. âBranding a rule as going to a courtâs subject-matter jurisdiction  alters the normal operation of our adversarial system.â Id., at 434. âFor purposes of efficiency and fairness, our legal system is replete with rulesâ like forfeiture, which require parties to raise arguments themselves and to do so at certain times. Ibid. Jurisdictional bars, however, âmay be raised at any timeâ and courts have a duty to consider them sua sponte. Ibid. When such eleventh-hour jurisdictional objections prevail post-trial or on appeal, âmany months of work on the part of the attorneys and the court may be wasted.â 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.
âGiven 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 âunique in our adversarial systemâ 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, âtraditional tools of statutory construction must plainly show that Congress imbued a procedural bar with jurisdictional consequences.â United States v. Kwai Fun Wong, 575 U. S. 402, 410 (2015).
âUnder this clear statement rule, the analysis of §2409a(g) is straightforward.3 â[I]n applying th[e] clear statement  rule, we have made plain that most time bars are nonjurisdictional.â Ibid. Nothing about §2409a(g)âs text or context gives reason to depart from this beaten path. Section 2409a(g) states that an action âshall be barred unless it is commenced within twelve years of the date upon which it accrued.â This âtext speaks only to a claimâs timeliness,â and its âmundane statute-of-limitations language say[s] only what every time bar, by definition, must: that after a certain time a claim is barred.â Id., at 410. Further, â[t]his Court has often explained that Congressâs separation of a filing deadline from a jurisdictional grant indicates that the time bar is not jurisdictional.â Id., at 411. The Quiet Title Actâs jurisdictional grant is in 28 U. S. C. §1346(f ),4 well afield of §2409a(g). And â[n]othing conditions the jurisdictional grant on the limitations perio[d], or otherwise links those separate provisions.â Wong, 575 U. S., at 412. Section 2409a(g) therefore lacks a jurisdictional clear statement.
B
âThe 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.
âThis Court has made clear that it will not undo a âdefinitive earlier interpretationâ 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, â[c]ourts, including this Court, have more than occasionally misused the term âjurisdictionalâ to refer to nonjurisdictional prescriptions.â Fort Bend, 587 U. S., at ___â___, n. 4 (slip op., at 5â6, n. 4) (some internal quotation marks and alterations omitted). The mere fact that this Court previously described something âwithout elaborationâ 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 â âtechnically jurisdictionalâ ââwhether it truly operates as a limit on a courtâs subject-matter jurisdictionâand whether anything in the decision âturn[ed] on that characterization.â 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 âthe legal character of the requirement was . . . at issueâ). If a decision simply states that âthe court is dismissing âfor lack of jurisdictionâ when some threshold fact has not been established,â it is understood as a âdrive-by jurisdictional rulin[g]â that receives âno precedential effect.â Arbaugh, 546 U. S., at 511 (some internal quotation marks omitted).
âThe Government begins with Block, 461 U. S. 273. The case presented âtwo separate issuesâ 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 âthe exclusive procedureâ for challenging âthe title of the United States to real property.â Id., at 276â277, 286. Second, the Court held that the 12-year limit applied to States. Id., at 277. It was only in the opinionâs conclusion  that, in remanding, the Court remarked that if the time limit applied, âthe courts below had no jurisdiction to inquire into the merits.â Id., at 292. The opinion contains no discussion of whether the provision was â âtechnically jurisdictionalâ â or what in the case would have âturn[ed] on that characterization.â Arbaugh, 546 U. S., at 512 (quoting Steel Co., 523 U. S., at 91). There is nothing more than an âunrefined dispositio[n]â stating that a âthreshold factâ must âb[e] establishedâ for there to be âjurisdiction.â 546 U. S., at 511 (internal quotation marks omitted). This is a textbook âdrive-by jurisdictional rulin[g]â that Arbaugh held âshould be accorded no precedential effectâ as to whether a limit is jurisdictional. Ibid. (internal quotation marks omitted).
âIn an effort to endow a fleeting statement with lasting significance, the Government and the dissent invoke historical context. Block described the Actâs time limit as âa condition on the waiver of sovereign immunity.â 461 U. S., at 287. Block never stated, however, that the Actâs 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 âunmistakablyâ clear that conditions on waivers of immunity were subject-matter jurisdictional. Post, at 9.
âThis 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 âtime limits in suits against the Governmentâ are subject to âequitable tolling, waiver, and estoppel.â 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 Courtâs approach to this question as âad hocâ and âunpredictab[le],â âleaving openâ whether equitable exceptions were available in any given case. Id., at 94â95. Accordingly, even if âa statute of limitations [was] a  condition on the waiver of sovereign immunity and thus must be strictly construed,â this still âd[id] not answer the question whether equitable tolling can be applied to this statute of limitations.â 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)).
âBlock itself reflected the ambivalent nature of time limits for suits against the Government. Block recognized that âwe should not construe such a time-bar provision unduly restrictively,â 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 âbe lightly implied,â 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 âa condition to the waiver of sovereign immunity . . . must be strictly construed.â Irwin, 498 U. S., at 94. In Irwin, as elsewhere, this did not mean that time limits accompanying such waivers are necessarily jurisdictional.
âNext, the Government offers United States v. Mottaz, 476 U. S. 834 (1986). Once again, the question presented was not whether the Quiet Title Actâs 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 statutesââthe Quiet Title Act; the Allotment Acts; [or] the Tucker Actââwas the âsource of . . . jurisdictionâ based on the nature of the plaintiff âs claim and the relief sought. Ibid. (citations omitted). The Court explained that the Quiet Title Act applied because it was â âthe exclusive means by which adverse claimants could challenge the United Statesâ title to real property,â â and the plaintiff âs claim fell âwithin the Actâs scope.â Id., at 841â842 (quoting Block, 461 U. S., at 286). Second, the Court âthen determine[d] whether [the] suit was brought within the relevant limitations period.â Mottaz, 476 U. S., at 841. The Court concluded that the plaintiff had notice over 12 years before she sued, and â[h]er claim [was] therefore barred.â Id., at 843â844. Neither step in the Courtâs analysis âturn[ed] onâ whether any time limits were â âtechnically jurisdictional.â â Arbaugh, 546 U. S., at 512 (quoting Steel Co., 523 U. S., at 91).
âGeneral statements in the opinion about waivers of immunity cannot change this basic fact. At the outset of its analysis, the Court observed that âthe terms of [the United Statesâ] waiver of sovereign immunity define the extent of the courtâs jurisdictionâ and that â âa statute of limitations . . . constitutes a condition on the waiver.â â 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, â âthe legal characterâ â of the time limit was never â âat issue.â â Reed Elsevier, 559 U. S., at 169, n. 8 (quoting Zipes, 455 U. S., at 395).
âThe Government also points to Mottazâs procedural background section. Buried in a paragraph recounting a tangled procedural history, the Court remarked that the Government raised the Quiet Title Act, âapparently for the first time,â 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 Actâs 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 âapparentlyâ 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.
âFinally, 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 48â49. 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 provisionâs text and context, concluding that âby providing that the statute of limitations will not begin to run until the plaintiff âknew or should have known of the claim of the United States,â â the law âhas already effectively allowed for equitable tolling.â Beggerly, 524 U. S., at 48. Also relevant were âthe unusually generousâ time limit and the importance of clarity when it comes to land rights. Id., at 48â49. 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 Courtâs inquiry was so focused on the particular nature of equitable tolling, Beggerly also did not address whether other exceptions such as âfraudulent concealment or equitable estoppel might apply,â as Justice Stevens noted in his concurrence. Id., at 49. If anything, Beggerlyâs 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.
âAll three cases therefore point in one direction: This Court has never definitively interpreted §2409a(g) as jurisdictional.7 For similar reasons, the Governmentâs argument about legislative acquiescence is unavailing. Congress amended the Act in 1986 to provide special rules for States in the wake of Block. See 100 Stat. 3351â3352. Then, as now, ânone of our decisions establishe[d]â 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 Governmentâs 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 ___â___ (slip op., at 7â8).
âAll told, neither this Courtâs precedents nor Congressâ 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 Governmentâs method of divining definitive interpretations from stray remarks.
*ââ*ââ*
âSection 2409a(g) is a nonjurisdictional claims-processing rule. The Court of Appealsâ contrary judgment is reversed, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
Notes
1  The parties dispute the precise implications on remand of a ruling that §2409a(g) is nonjurisdictional. This Court takes no position on that dispute.
2  Compare Wisconsin Valley Improvement Co. v. United States, 569 F. 3d 331, 333â335 (CA7 2009), with, e.g., Bank One Texas v. United States, 157 F. 3d 397, 402â403 (CA5 1998); Spirit Lake Tribe v. North Dakota, 262 F. 3d 732, 737â738 (CA8 2001); Kane County v. United States, 772 F. 3d 1205, 1214â1215 (CA10 2014); and F.E.B. Corp. v. United States, 818 F. 3d 681, 685â686 (CA11 2016).
3  The dissent maintains that this Courtâs settled clear statement rule does not apply here because §2409a(g) is a condition on a waiver of sovereign immunity and âas such, this Court should interpret it as a jurisdictional bar to suit.â Post, at 2 (opinion of Thomas, J.). Over three decades ago, this Court in âIrwin . . . foreclose[d] th[e] argumentâ that âtime limitsâ are jurisdictional simply because they âfunction as conditions on the Governmentâs waiver of sovereign immunity.â Wong, 575 U. S., at 417â418 (citing Irwin v. Department of Veterans Affairs, 498 U. S. 89 (1990)). Contrary to the dissentâs suggestion, Irwin extends to the âmany statutes that create claims for relief against the United States or its agencies [and] apply only to Government defendants.â Scarborough v. Principi, 541 U. S. 401, 422 (2004); cf. also Boechler v. Commissioner, 596 U. S. ___, ___ (2022) (slip op., at 3) (applying clear statement rule to petitions for review of agency action). Notably, even the dissent in Wong did not engage in such an attempt to turn back the clock, instead arguing that the provision in that case was jurisdictional based on its specific text and history. See 575 U. S., at 423â428 (opinion of Alito, J.).
4  Section 1346(f ) provides that â[t]he district courts shall have exclusive original jurisdiction of civil actions under section 2409a to quiet title to an estate or interest in real property in which an interest is claimed by the United States.â
5  For example, the Court might have concluded forfeiture did not apply because of the confusing way the case had been pleaded, see Brief for United States in United States v. Mottaz, O. T. 1985, No. 85â546, p. 22, n. 11, or that any forfeiture argument had itself been forfeited. Or the Court might have, on reflection, agreed with the Government that it had sufficiently raised the Quiet Title Act prior to rehearing. Ibid. The dissent, post, at 8, n. 3, mistakes these observations as a suggestion that Mottaz actually took one of those approaches. Far from it. This Court is merely declining to read tea leaves to divine lost meanings about what the Mottaz Court might have thought about a forfeiture argument it never raised and over which âthe parties did not cross swords.â Arbaugh v. Y & H Corp., 546 U. S. 500, 512 (2006).
6  The Court was not unaware of Block, quoting it for a different point in the very same section. Beggerly, 524 U. S., at 48.
7  The dissent invokes a fourth case, United States v. Dalm, 494 U. S. 596 (1990), which offers no more support. Dalm involved a separate provision of a separate statute, see id., at 601â602, and cannot render §2490a(g) jurisdictional when Quiet Title Act cases like Block, Mottaz, and Beggerly failed to do so.
8  See Fulcher v. United States, 696 F. 2d 1073, 1078 (CA4 1982).
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Dissent
SUPREME COURT OF THE UNITED STATES
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No. 21â1164
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LARRY STEVEN WILKINS, et al., PETITIONERS v. UNITED STATES
on writ of certiorari to the united states court of appeals for the ninth circuit
âJustice Thomas, with whom The Chief Justice and Justice Alito join, dissenting.
âThe doctrine of sovereign immunity bars suits against the United States. But, in the Quiet Title Act of 1972, Congress waived this immunity and consented to suits against the United States in order to determine the status of disputed property. 28 U. S. C. §2409a. Congress conditioned this consent on, among other things, a 12-year statute of limitations: âAny civil action under this section, 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.â §2409a(g). This Court has long construed such conditions on waivers of sovereign immunity as jurisdictional. And, it has acknowledged the jurisdictional nature of the Quiet Title Actâs statute of limitations in several precedents.
âIn holding that §2409a(g) is not jurisdictional, the majority commits two critical errors. First, it applies the same interpretive approach to a condition on a waiver of sovereign immunity that it would apply to any run-of-the-mill procedural rule. Second, by reading the Courtâs prior Quiet Title Act precedents in this way, the Court disregards their express recognition of the jurisdictional character of the Actâs time bar. Accordingly, I respectfully dissent.
 I
âThis Courtâs skepticism of the jurisdictional character of procedural bars does not extend to conditions on a waiver of sovereign immunity. In the context of a waiver of sovereign immunity, the Court presumes that procedural limitations are jurisdictional. The Actâs time bar is one such provision, and, as such, this Court should interpret it as a jurisdictional bar to suit.
âAs a sovereign, the United States âis immune from suit save as it consents to be sued, . . . and the terms of its consent to be sued in any court define that courtâs jurisdiction to entertain the suit.â United States v. Sherwood, 312 U. S. 584, 586 (1941); see also Lehman v. Nakshian, 453 U. S. 156, 160 (1981); United States v. Mitchell, 463 U. S. 206, 212 (1983) (describing this principle as âaxiomaticâ). Consequently, â[s]overeign immunity is by nature jurisdictional.â Henderson v. United States, 517 U. S. 654, 675 (1996) (Thomas, J., dissenting). This principle is longstanding, and the majority does not dispute it. See ante, at 7â8.
ââA necessary corollary of this rule,â however, âis that when Congress attaches conditions to legislation waiving the sovereign immunity of the United States, those conditions must be strictly observed, and exceptions thereto are not to be lightly implied.â Block v. North Dakota ex rel. Board of Univ. and School Lands, 461 U. S. 273, 287 (1983); see also United States v. Nordic Village, Inc., 503 U. S. 30, 34 (1992) (stating that a waiver of sovereign immunity âmust be construed strictly in favor of the sovereignâ and ânot enlarge[d] . . . beyond what the language requiresâ (internal quotation marks omitted)). Thus, âin many cases this Court has read procedural rules embodied in statutes waiving immunity strictly, with an eye to effectuating a restrictive legislative purpose when Congress relinquishes sovereign immunity.â Honda v. Clark, 386 U. S. 484, 501 (1967). In United States v. Dalm, 494 U. S. 596 (1990), the  Court reaffirmed this âsettled principl[e]â in the specific context of â[a] statute of limitations requiring that a suit against the Government be brought within a certain time period.â Id., at 608. Such a requirement, the Court explained, âis one of â the âterms of [the United Statesâ] consent to be suedâ and, therefore, âdefine[s] th[e] courtâs jurisdiction to entertain the suit.â Ibid. (emphasis added; internal quotation marks omitted).
âThose straightforward principles resolve this case. The Quiet Title Act partially waives the immunity of the United States by granting federal district courts âexclusive original jurisdiction of civil actions under section 2409a to quiet title to an estate or interest in real property in which an interest is claimed by the United States.â 28 U. S. C. §1346(f ). This provisionâs cross-reference to §2409a incorporates several conditions on this waiver. For example, the Act specifies that the United States âshall not be disturbed in possession or controlâ of contested land âpending a final judgment or decree, the conclusion of any appeal therefrom, and sixty days,â and âif the final determination [is] adverse,â the United States shall have the right to purchase the land for just compensation. §2409a(b). Similarly, the Act provides that any âcivil action against the United States under this section shall be tried by the court without a juryâ and bars suits based on adverse possession. §§2409a(f ), (n). It also incorporates the time bar at issue here: âAny civil action under this section, 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. Such action shall be deemed to have accrued on the date the plaintiff or his predecessor in interest knew or should have known of the claim of the United States.â §2409a(g).
âThese provisions carefully delineate the scope of the Actâs limited waiver of sovereign immunity, establishing conditions on which the United States has consented to be sued. The United States has not, for example, consented to a jury  trial or to be sued on an adverse possession theory. Similarly, and just as critically, it has not consented to be sued (except by a State) once the 12-year statute of limitations has passed.
âThe majority acknowledges that these restrictions must be strictly construed. See ante, at 8. Yet, it concludes that the time bar should not be considered jurisdictional. In another context, the majorityâs conclusion is arguably plausible. But, in this context, it is simply incorrect. As a condition on the United Statesâ limited waiver of sovereign immunity in the Quiet Title Act, the Actâs statute of limitations is jurisdictional. Moreover, in light of this Courtâs longstanding case law, the jurisdictional character of the time bar would have been well understood by the 1972 Congress. See ante, at 3 (suggesting that the Court should âavoid judicial interpretations that undermine Congressâ judgmentâ when interpreting arguably jurisdictional provisions).
âWith no answer to the Courtâs longstanding view that conditions on waivers of sovereign immunity are jurisdictional, the majority seeks refuge in Irwin v. Department of Veterans Affairs, 498 U. S. 89 (1990). Ante, at 7â8. Irwin considered whether equitable tolling should apply to the time to file an employment-discrimination lawsuit against the Government under Title VII of the Civil Rights Act of 1964. There, the Court reasoned that â[t]ime requirements in lawsuits between private litigants are customarily subject to âequitable tolling,â â and that â[o]nce Congress has made . . . a waiver [of sovereign immunity], . . . making the rule of equitable tolling applicable to suits against the Government, in the same way that it is applicable to private suits, amounts to little, if any, broadening of the congressional waiver.â Irwin, 498 U. S., at 95. It thus concluded that â[s]uch a principle is likely to be a realistic assessment of legislative intent as well as a practically useful principle of interpretation.â Ibid.
 âThe majority suggests that Irwin stands for the proposition that a condition on a waiver of sovereign immunity must be strictly construed, but then goes on to argue that it is not necessarily jurisdictional. Ante, at 8. However, our decision in United States v. Williams, 514 U. S. 527 (1995), decided five years after Irwin, demonstrates that statutes of limitations in suits brought against the United States are no less jurisdictional now than they were before Irwin. In Williams, the Court cited Dalmâs holding that failure to file a claim against the Government for a federal tax refund within the statute-of-limitations period operates as a jurisdictional bar to suit, and the Court reaffirmed that a statute of limitations ânarrow[s] the waiver of sovereign immunity.â 514 U. S., at 534, n. 7 (citing 494 U. S., at 602).1 Irwin, thus, does not disrupt this Courtâs long held understanding that conditions on waivers of sovereign immunity are presumptively jurisdictional.
II
âRegardless of whether conditions on waivers of sovereign immunity remain jurisdictional post-Irwin, we have said that, where the Court has offered a âdefinitive earlier interpretationâ of a statutory time bar as jurisdictional, we will continue to treat it as jurisdictional unless and until Congress directs otherwise. John R. Sand & Gravel Co. v. United States, 552 U. S. 130, 137â138 (2008); see also United States v. Kwai Fun Wong, 575 U. S. 402, 416 (2015)  (reaffirming John R. Sandâs rule). And, we have emphasized that Irwin âdoes not imply revisiting past precedents.â John R. Sand, 552 U. S., at 137.
âThe John R. Sand standard is amply met here. This Court concluded in Block v. North Dakota ex rel. Board of Univ. and School Lands, 461 U. S. 273 (1983), and again in United States v. Mottaz, 476 U. S. 834 (1986), that compliance with the Quiet Title Actâs 12-year time bar is a jurisdictional prerequisite.
âBlock considered whether the Actâs statute of limitations applied to state litigants.2 There, the Government had argued that the plaintiffsâ failure to sue within the 12-year deadline established by the statute meant that the âdistrict court lacked jurisdictionâ to consider the plaintiffsâ claims. Brief for the Petitioners in Block v. North Dakota ex rel. Board of Univ. and School Lands, O. T. 1982, No. 81â2337, p. 5. In assessing this argument, the Court made clear that it understood the Actâs statute of limitations to arise in the context of a waiver of sovereign immunity, discussing at some length the tradeoffs proposed as Congress deliberated over the scope of the Act. See 461 U. S., at 280â285. The Court also prominently invoked Sherwood and Lehman, cases discussing the jurisdictional nature of  sovereign-immunity waivers, to explain why the limitations provision must be âstrictly observed.â Block, 461 U. S., at 287. After concluding that States were not exempt from the time bar, the Court stated that, â[i]f North Dakotaâs suit is barred by [the statute of limitations], the courts below had  no jurisdiction to inquire into the merits,â and it remanded for the lower courts to determine whether the suit was so barred. Id., at 292â293. This statement that the time bar went to âjurisdictionâ was an integral part of the Courtâs instructions on remand. Moreover, on remand, the Eighth Circuit understood the Court to have used the term âjurisdictionâ to refer to a courtâs authority to hear the case. See North Dakota ex rel. Board of Univ. and School Lands v. Block, 789 F. 2d 1308, 1310 (CA8 1986) (noting that neither the Eighth Circuit nor the District Court had â âjurisdiction to inquire into the meritsâ â because the Actâs âstatute of limitations is jurisdictionalâ).
âIn Mottaz, three years after Block, the Court again considered the jurisdictional nature of the Actâs time bar. In the lower courts, the Government initially defended against a âsomewhat opaqueâ set of claims by relying on the general 6-year statute of limitations for actions against the United States, 28 U. S. C. §2401(a). Mottaz, 476 U. S., at 839. The District Court held that the suit was time barred under §2401(a), but the Eighth Circuit reversed and remanded. Id., at 838â839. The Government then argued, for the first time, in its petition for rehearing in the Court of Appeals that the suit arose under the Quiet Title Act and was thus subject to the Actâs 12-year statute of limitations. Id., at 840â841. This Court granted certiorari âto consider whether [the] respondentâs claim was barred under either [the 6-year bar] or [the 12-year bar].â Id., at 841.
âIn addressing these, the Court cited Sherwood for the proposition that, â[w]hen the United States consents to be sued, the terms of its waiver of sovereign immunity define the extent of the courtâs jurisdiction.â 476 U. S., at 841. It then quoted Block for the proposition that â â[w]hen waiver legislation contains a statute of limitations, the limitations provision constitutes a condition on the waiver of sovereign immunity,â â treating Block as precedential on this point. 476 U. S., at 841. The Court also characterized the statute  of limitations as a âcentral condition of the consent given by the Act.â Id., at 843 (citing Block, 461 U. S., at 283â285). As in Block, this reasoning was a critical and substantial part of the Courtâs opinion. The Court ultimately concluded that the plaintiff âs claim was untimely and thus barred under the Act. 476 U. S., at 844. The Court further concluded that no other statute âconferred jurisdictionâ on the lower courts to adjudicate her claim. Id., at 841; see also id., 844â851. In deciding the case, the Court noticeably did not engage in a forfeiture analysis, underscoring that it understood the Governmentâs late-raised statute-of-limitations argument to be jurisdictional and, thus, capable of being raised at any point in the proceedings. See Arbaugh v. Y & H Corp., 546 U. S. 500, 514 (2006) (explaining that jurisdictional arguments cannot be forfeited).3
âUnited States v. Beggerly, 524 U. S. 38 (1998), on which the majority relies, see ante, at 10â11, is not to the contrary. In that case, the Court considered whether the Quiet Title Actâs time bar may be equitably tolled. After noting that the Court of Appeals had considered the statute of limitations jurisdictional, see Beggerly, 524 U. S., at 42, the Court turned to the language of the Act. The Court emphasized that the 12-year statute of limitations began to accrue when the litigants knew or should have known of the claim of the United States, and it observed that the provisionâs text âhas  already effectively allowed for equitable tolling.â Id., at 48 (citing Irwin, 498 U. S., at 96). âGiven this fact, and the unusually generous nature of the [Act]âs limitations time period,â the Court concluded that âextension of the statutory period by additional equitable tolling would be unwarranted.â 524 U. S., at 48â49. Thus, while Beggerly might be read to view the Actâs time bar as potentially susceptible to tolling (and thus, by inference, nonjurisdictional), the Court did not hold that the bar actually could be tolled. Rather, the Court held the opposite. Beggerly is therefore, at best, ambiguous with respect to the jurisdictional nature of the time bar. As such, it does not overcome the Courtâs clear prior view set out in both Block and Mottaz.
âFor the majority, the Courtâs statements in Block and Mottaz are not âdefinitiv[e]â enough to satisfy John R. Sand. Ante, at 11. But, the import of the Courtâs references to âjurisdictionâ in Block and Mottaz would have been clear at the time. A court in the 1980s discussing a provision of a statute as a waiver of sovereign immunity, citing Sherwood (and, later, Block), invoked a well-known set of ideas that readers at the time unmistakably associated with the concept of jurisdiction. In fact, the Court in Dalm cited Block and Mottazâand no other casesâfor the proposition that conditions on waivers of sovereign immunity âdefine th[e] courtâs jurisdiction to entertain the suit.â 494 U. S., at 608 (emphasis added; internal quotation marks omitted). The Courtâs precedents must be understood in that context.
*ââ*ââ*
âThe Quiet Title Actâs statute of limitations functions as a condition on a waiver of sovereign immunity, and is therefore jurisdictional. This Court has repeatedly characterized the Actâs time bar as jurisdictional, and that interpretation remains authoritative under John R. Sand. Accordingly, I respectfully dissent.
Notes
1  I have previously noted that Irwin âdoes perhaps narrow the scope of the sovereign immunity canon.â Scarborough v. Principi, 541 U. S. 401, 426 (2004) (dissenting opinion). But, it âdoes so only in limited circumstances,â such as âwhere the Government is made subject to suit to the same extent and in the same manner as private parties are.â Ibid. (emphasis added). This is not one of those circumstances. The Quiet Title Actâs framework exclusively governs actions to quiet title against the United States. And, it includes a number of conditions favorable to the Federal Government that would not apply in traditional quiet title actions among private litigants.
2  At the time of the Courtâs decision, the Actâs statute of limitations read as follows: âAny civil action under this section shall be barred unless it is commenced within twelve years of the date upon which it accrued. Such action shall be deemed to have accrued on the date the plaintiff or his predecessor in interest knew or should have known of the claim of the United States.â 28 U. S. C. §2409a(f ) (1982 ed.). Congress subsequently amended the provision to add its current language excepting actions brought by States.
3  The majority suggests that United States v. Mottaz, 476 U. S. 834, may have (sub silentio) concluded that forfeiture did not apply in that case. See ante, at 10, and n. 5. But, presumably, such a conclusion would have merited mention in the Courtâs opinion. To be sure, the majority notes that the Government had raised the statute of limitations â âapparently for the first timeâ â in a petition for rehearing. Ante, at 9 (quoting Mottaz, 476 U. S., at 840 (emphasis added)). However, the use of the word âapparentlyâ does not indicate that the Court âdid not pause over its passing remark,â as the majority contends. See ante, at 9â10. To the contrary, it suggests that the Court did not need to conduct a forfeiture analysis, because the provision was jurisdictional in any event (and thus not subject to forfeiture).