john sand gravel argued november decided january federal claims action petitioner argued various federal activities land held mining lease amounted unconstitutional taking leasehold rights government initially asserted claims untimely claims statute limitations later effectively conceded issue merits although government raise timeliness appeal federal circuit addressed issue sua sponte finding action untimely held claims statute limitations requires sua sponte consideration lawsuit timeliness despite government waiver issue pp long interpreted statute setting absolute jurisdictional limitations period example concluded regard current statute predecessor duty raise timeliness question whether done plea kendall see also finn soriano statute language changed slightly since makes difference expression congressional intent change underlying substantive law pp thus petitioner succeed convincing overturned overturn earlier precedent pp irwin department veterans affairs applied equitable tolling limitations statute governing employment discrimination claims government irwin noted similarity statute claims statute civil rights statute unlike present statute key respect previously provided definitive interpretation moreover irwin mentioned soriano reflects particular interpretive history claims statute said nothing overturning case line finally equitable tolling presumption rebutted statutory language demonstrating congress contrary intent rebutted definitive earlier interpretation finding similar congressional intent language franconia associates describing claims statute unexceptional citing irwin proposition limitations principles generally apply government way apply private parties refers statute rule adds little nothing petitioner contention irwin overruled earlier cases pp stare decisis principles require rejection petitioner argument overturn kendall finn soriano related cases anomaly old cases irwin together create critical simply reflects different judicial assumption comparative weight congress likely attached competing national interests moreover earlier cases produce unworkable law see international business machines stare decisis respect statutory interpretation also special force congress remains free alter done patterson mclean credit union long acquiesced interpretation given finally even government show detrimental reliance earlier cases reexamination precedent nevertheless prove harmful overturning decision belief longer right inevitably reflect willingness reconsider others willingness threaten substitute disruption confusion uncertainty necessary legal stability pp affirmed breyer delivered opinion roberts scalia kennedy souter thomas alito joined stevens filed dissenting opinion ginsburg joined ginsburg filed dissenting opinion john sand gravel company petitioner writ certiorari appeals federal circuit january justice breyer delivered opinion question presented whether must raise timeliness lawsuit filed federal claims despite government waiver issue hold special statute limitations governing federal claims requires sua sponte consideration petitioner john sand gravel company filed action federal claims may complaint explained petitioner held mining lease certain land asserted various environmental protection agency activities land involving building moving various fences amounted unconstitutional taking leasehold rights government initially asserted petitioner several claims untimely light statute providing claim federal claims jurisdiction shall barred unless petition thereon filed within six years claim first accrues later however government effectively conceded certain claims timely see app government pretrial brief government subsequently merits see fed cl petitioner appealed adverse judgment appeals federal circuit see government brief said nothing statute limitations amicus brief called issue attention see considered obliged address limitations issue held action untimely subsequently agreed consider whether appeals right ignore government waiver decide timeliness question ii statutes limitations seek primarily protect defendants stale unduly delayed claims see kubrick thus law typically treats limitations defense affirmative defense defendant must raise pleadings stage subject rules forfeiture waiver see fed rules civ proc day mcdonough zipes trans world airlines statutes also typically permit courts toll limitations period light special equitable considerations see rotella wood zipes supra see also cada baxter healthcare statutes limitations however seek much protect defendant interest timeliness achieve broader goal facilitating administration claims see brockamp limiting scope governmental waiver sovereign immunity see dalm promoting judicial efficiency see bowles russell slip often read time limits statutes absolute say requiring decide timeliness question despite waiver forbidding consider whether certain equitable considerations warrant extending limitations period see ibid see also arbaugh convenient shorthand sometimes referred time limits statutes jurisdictional see bowles supra slip long interpreted claims limitations statute setting forth second absolute kind limitations period kendall applied predecessor current bar claim first accrued plaintiff bring see also act mar stat rev stat plaintiff former confederate employee asked equitable tolling ground able bring suit congress lifted previously imposed legal disability see denied request thought equities ran plaintiff statute certain listed exceptions permit tolling justice harlan writing said statute jurisdiction al susceptible judicial engraft ing unlisted disabilities sickness surprise inevitable accident duty raise timeliness question whether done plea ibid emphasis added four years later finn found untimely claim originally filed government agency agency voluntarily referred statute claims citing act june stat see also rev stat government reference might argued amounted waiver government defense cf lippitt reserving question time bar application circumstances nonetheless held long delay time claim accrued plaintiff filing claim agency made suit untimely finn argument government waiver abandonment defense justice harlan writing said ordinary legal principle limitation defence defendant must plead application suits claims id emphasis added years reiterated various contexts similar views absolute nature claims limitations statute see soriano greathouse new york de arnaud statute language changed slightly since kendall decided see changes language make difference arguably pertinent linguistic change took place recodification title see stat prior statute said claim cognizable claims shall forever barred unless filed within six years time first accrues rev stat emphasis added see also act mar stat reenacting statute without significant changes says claim federal claims jurisdiction shall barred unless filed within six years time first accrues emphasis added presume revision worked change underlying substantive law intent make change clearly expressed keene quoting fourco glass transmirra products alterations omitted see also pp hereinafter revision sought codify substantively modify existing law barron judicial code revision find expression intent two linguistic forms cognizable jurisdiction mean thing see black law dictionary ed defining jurisdiction authority courts judicial officers take cognizance decide cases emphasis added see also black law dictionary ed similarly using term cognizance define jurisdiction found suggestion reviser notes anywhere else congress intended change prior meaning see reviser note barron supra reviser notes specify change intended thus surprising nearly decade revision citing kendall repeated statute limitations period jurisdiction al susceptible equitable tolling see soriano supra iii consequence petitioner succeed convincing us overturned overturn earlier precedent agree petitioner already overturned earlier precedent true petitioner points irwin department veterans affairs adopted general rule replace prior ad hoc approach determining whether statute limitations subject equitable tolling namely rebuttable presumption equitable tolling applicable suits private defendants also apply suits also true irwin using presumption found equitable tolling applicable statute limitations governing employment discrimination claims government see see also noted civil rights statute linguistically similar claims statute issue see irwin supra swallows make petitioner summer irwin dealt different limitations statute statute similar present statute language unlike present statute key respect previously provided definitive interpretation moreover mentioning case reflects particular interpretive history claims statute namely soriano says nothing overturning case line see courts normally overturn long line earlier cases without mentioning matter indeed irwin recognized announcing general prospective rule see imply revisiting past precedents finally irwin adopted rebuttable presumption equitable tolling ibid emphasis added presumption seeks produce set statutory interpretations accurately reflect congress likely meaning mine run instances enacted statute limitations word rebuttable means presumption conclusive specific statutory language example rebut presumption demonstrating congress intent contrary definitive earlier interpretation statute finding similar congressional intent offer similarly sufficient rebuttal petitioner adds franconia associates explicitly considered claims limitations statute described statute unexceptional cited irwin proposition limitations principles generally apply government way apply private parties internal quotation marks omitted context rejecting argument government claims statute embodies special rule claim first accrues quoted language thus refers statute rule adds little nothing petitioner contention irwin overruled earlier cases contention rejected petitioner argument must therefore come invitation reject overturn kendall finn soriano related cases support petitioner claim irwin franconia represent turn course law argue essentially follows law requires courts interpret statutes setting forth limitations periods respect actions government place greater weight upon equitable importance treating government like litigants less weight upon special governmental interest protecting public funds cf irwin supra older interpretations treated interests differently older cases consequently become anomalous government unlikely relied significantly upon earlier cases hence overrule basic principles stare decisis however require us reject argument anomaly old cases irwin together create critical reflects different judicial assumption comparative weight congress likely attached competing legitimate interests moreover earlier cases lead worst different interpretations different similarly worded statutes produce unworkable law see international business machines internal quotation marks omitted california ferc stare decisis respect statutory interpretation special force congress remains free alter done patterson mclean credit union see also watson ante additionally congress long acquiesced interpretation given see ibid shepard finally even government show detrimental reliance earlier cases reexamination precedent nevertheless prove harmful justice brandeis observed matters important applicable rule law settled settled right burnet coronado oil gas dissenting opinion overturn decision settling one matter simply might believe decision longer right inevitably reflect willingness reconsider others willingness threaten substitute disruption confusion uncertainty necessary legal stability found factors might overcome considerations iv judgment appeals affirmed ordered john sand gravel company petitioner writ certiorari appeals federal circuit january justice stevens justice ginsburg joins dissenting statutes limitations generally fall two broad categories affirmative defenses waived jurisdictional statutes subject waiver equitable tolling much history statutes limitations suits government customarily placed latter category theory conditions attached waiver sovereign immunity must strictly observed exceptions thereto implied soriano see also finn kendall rule ignored thus presumably abandoned honda clark bowen city new york irwin department veterans affairs followed lead bowen extension honda explicitly replaced soriano rule rebuttable presumption equitable tolling rules applicable suits private defendants also apply suits acknowledged previous cases dealing effect time limits suits government entirely consistent determined continuing effort part decide case ad hoc basis disadvantage continuing unpredictability without corresponding advantage greater fidelity intent congress therefore crafted background rule reflected realistic assessment legislative intent also provided practically useful principle interpretation ibid decision irwin merely mentio soriano ante rather expressly declined follow case noted limitations language issue irwin closely resembled text confronted soriano although conceded argument undoubtedly made statutes distinguishable persuaded difference enough manifest different congressional intent respect availability equitable tolling found two statutes functionally indistinguishable nevertheless declined government invitation follow soriano much cite kendall finn instead adopted general rule govern applicability equitable tolling suits government applied new presumption favor equitable tolling case nothing framing decision adopt general rule govern availability equitable tolling suits government suggested statutes already held ineligible equitable tolling pursuant approach previously abandoned honda bowen definitively rejected irwin indeed separate opinion irwin justice white noted decision inconsistent prior cases also directly overrule soriano opinion concurring part concurring judgment neither opinion separate opinion disagreed characterization holding attempt today therefore cast petitioner argument entreaty overrule soriano well kendall finn response asic principles stare decisis require us reject argument ante hollow ring doctrine stare decisis supplied clear answer question posed case government plausibly argue relied soriano decision irwin join judgment despite agree majority reading cases seems quite plain soriano longer good law fact ambiguity cases resolved favor clarifying law rather preserving anachronism whose doctrinal underpinnings discarded years respect provisions common time limitations congress enacting statutes judges applying able rely upon background rule considerable clarity irwin announced rule apply rule case today decision threatens revive confusion jurisprudence respectfully dissent john sand gravel company petitioner writ certiorari appeals federal circuit january justice ginsburg dissenting agree adhering kendall finn soriano irreconcilable reasoning result irwin therefore join justice stevens dissent write separately explain regard case appropriate occasion revisit precedents even already directly overrule cf irwin department veterans affairs white concurring part concurring judgment stare decisis important inflexible doctrine law see burnet coronado oil gas brandeis dissenting stare decisis universal inexorable policies underlying doctrine stability predictability strongest asked change mind though nothing else significance changed see powell stare decisis judicial restraint lee rev matter us perception office time limit suits government changed significantly since decisions relied upon recognized rebuttable presumption equitable tolling applicable suits private defendants also apply suits irwin limitations principles generally apply government way apply private parties franconia associates internal quotation marks omitted see also scarborough principi damages coherence law cling outworn precedent odds later enlightened decisions surely suggest overruling routinely order whenever majority disagrees past decision acknowledge onsiderations stare decisis special force area statutory interpretation patterson mclean credit union concerns previously found sufficiently weighty justify revisiting statutory precedent counsel strongly favor first overruling kendall finn soriano concedes see ante achieve uniform interpretation similar statutory language rodriguez de quijas express second recognized propriety revisiting decision intervening development law removed weakened conceptual underpinnings patterson irwin franconia mention recent efforts apply term jurisdictional greater precision see arbaugh left tenable basis kendall progeny third altogether appropriate overrule precedent become positive detriment coherence consistency law patterson inconsistency kendall line irwin source theoretical incoherence practical confusion example contains time limit materially identical one courts appeals divided question whether limit jurisdictional compare center biological diversity hamilton per curiam medical center shalala see also harris federal aviation cadc recognizing irwin may undermined circuit precedent holding jurisdictional today decision hardly assists lower courts endeavoring answer question holding language jurisdictional also implies irwin governs interpretation statutes yet construed including presumably identically worded see ante moreover implicitly concedes see ante strongest reason adhere precedent provides support line stare decisis added force legislature public sphere citizens private realm acted reliance previous decision instance overruling decision dislodge settled rights expectations require extensive legislative response hilton south carolina public railways government however makes claim either private citizens congress relied upon jurisdictional status thus strong reasons abandon notably slim reasons adhere anachronistic interpretation adopted kendall several times recent terms discarded statutory decisions rendered infirm majority considered better informed opinion see leegin creative leather products psks slip overruling dr miles medical john park sons bowles russell slip overruling thompson ins per curiam harris truck lines cherry meat packers per curiam illinois tool works independent ink overruling inter alia morton salt suppiger hohn overruling house mayo per curiam light overrulings decision adhere kendall finn soriano offering nothing justify reasoning results say least perplexing today decision one need crystal ball predict reject cling prior decisions interpreting legislative texts reverse judgment rendered federal circuit majority accord dissenting judge newman hold appeals warrant declare petitioner action time barred footnotes honda concluded petitioners attempts recover assets seized upon outbreak hostilities japan consistent overall congressional purpose apply traditional equitable tolling principle aptly suited particular facts case nowhere eschewed congress bowen permitted equitable tolling requirement challenging denial disability benefits social security act cautioned must careful assume authority narrow waiver congress intended construe waiver unduly restrictively citation internal quotation marks omitted irwin oral arguments several members remarked need choose soriano line cases approach taken cases like bowen see tr oral pp question hat make cases seem go really different directions bowen case unanimous contains language says statutory time limits traditionally subject equitable tolling cases like maybe soriano point direction see also question think sort choose soriano bowen think years since decided irwin applied rule number statutory contexts see scarborough principi applying rule irwin finding application fees equal access justice act permitted amended time significantly franconia associates affirmed context rule limitations principles generally apply government way apply private parties citing irwin although government correct question presented franconia claim accrued reliance irwin undermines majority suggestion irwin bearing statutes previously subject judicial construction majority points quite rightly ante doctrine stare decisis statutory cases see patterson mclean credit union doctrine prevent us acknowledging already overruled prior case even failed say explicitly time rasul bush example explained braden judicial circuit overruled much ahrens clark found habeas petitioners presence within territorial reach district jurisdictional prerequisite braden held contrary ahrens prisoner presence within district territorial reach inflexible jurisdictional rule braden nowhere stated overruling ahrens although justice rehnquist began dissent noting today overrules ahrens clark thirty years later acknowledged rasul clear ahrens longer good law moreover logic special force stare decisis statutory context congress remains free alter done patterson amendment obscure statutory provision high priority busy congress remain mindful enactment legislation means enterprise see holmes path law harv rev revolting better reason rule law laid time henry iv still revolting grounds upon laid vanished long since rule simply persists blind imitation past majority gesture toward application irwin contending even irwin rule apposite presumption congressional intent allow equitable tolling rebutted definitive earlier interpretation ante majority application irwin rule implausible since irwin compared language limitations language title vii civil rights act found comparison reveal different congressional intent respect availability equitable tolling