kwai fun wong argued december decided april federal tort claims act ftca provides tort claim shall forever barred unless claimant meets two deadlines first claim must presented appropriate federal agency administrative review within two years claim accrues second agency denies claim claimant may file suit federal within six months agency denial ibid kwai fun wong marlene june respondents nos respectively missed one deadlines wong failed file ftca claim federal within months argued district permitted file claim period expired june failed present ftca claim federal agency within years argued untimely filing excused government view concealed facts vital claim case district dismissed ftca claim failure satisfy time bars holding despite justification delay time bars jurisdictional subject equitable tolling ninth circuit reversed cases concluding time bars may equitably tolled held section time limits subject equitable tolling pp irwin department veterans affairs provides framework deciding applicability equitable tolling statutes limitations suits government adopted rebuttable presumption time bars may equitably tolled irwin presumption may course rebutted one way pursued government demonstrate statute limitations issue jurisdictional statute equitably tolled conclude time bar jurisdictional unless congress provides clear statement effect sebelius auburn regional medical center applying clear statement rule said time bars even mandatory emphatic nonjurisdictional see congress thus must something special tag statute limitations jurisdictional prohibit tolling pp congress thing enacting text provision speaks claim timeliness refer jurisdiction district courts address courts authority hear untimely suits see arbaugh instead reads like ordinary statute limitations holland florida statutory context confirms reading congress separation filing deadline jurisdictional grant often indicates deadline jurisdictional ftca jurisdictional grant appears another section title jurisdictional grant expressly conditioned compliance limitations periods finally assuming provide clear statement cases require legislative history clearly demonstrate congress intended provision impose jurisdictional bar pp government two principal arguments treating jurisdictional unpersuasive foreclosed precedents pp government first points includes shall forever barred language statute limitations governing tucker act claims held jurisdictional see kendall phrase commonplace statutes limitations enacted around time ftca carry talismanic jurisdictional significance indeed construed language subject tolling clayton act statute limitations see american pipe constr utah two decisions addressing tucker act statute limitations dismissed idea language jurisdictionally significant see irwin john sand gravel shall forever barred phrase thus nothing ordinary way set statutory deadline pp government next argues jurisdictional condition ftca waiver sovereign immunity argument foreclosed irwin considered identical objection concluded even time limits condition waiver immunity may equitably tolled see government invocation sovereign immunity principles also peculiarly inapt unlike waivers sovereign immunity ftca treats government much like private party accordingly declined construe act narrowly merely waives government immunity suit reason differently pp fed appx affirmed remanded kagan delivered opinion kennedy ginsburg breyer sotomayor joined alito filed dissenting opinion roberts scalia thomas joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press nos writs certiorari appeals ninth circuit april justice kagan delivered opinion federal tort claims act ftca act provides tort claim shall forever barred unless presented appropriate federal agency within two years claim accrues brought federal within six months agency acts claim two cases resolve claimant missed one deadlines requested equitable tolling ground good reason filing late government responded time limits subject tolling jurisdictional restrictions today reject government argument conclude courts may toll ftca limitations periods first case respondent kwai fun wong asserts immigration naturalization service ins falsely imprisoned five days ftca requires wong first presented claim ins within two years alleged unlawful action see ins denied administrative complaint december act gave wong six months june bring tort claim federal see several months prior ins decision wong filed suit federal district asserting various claims government arising alleged misconduct anticipating ins ruling wong moved amend complaint suit adding tort claim april magistrate judge recommended granting wong leave amend district finally adopt proposal june three weeks ftca deadline government moved dismiss tort claim ground filed late district first rejected motion recognized wong managed add ftca claim time period expired equitably tolled period time magistrate judge recommendation order allowing amendment thus bringing wong ftca claim within statutory deadline several years later government moved reconsideration ruling based intervening ninth circuit decision time district dismissed wong claim reasoning time bar jurisdictional therefore subject equitable tolling appeal ninth circuit agreed hear case en banc address conflict issue en banc held limit jurisdictional equitable tolling available kwai fun wong beebe confirmed district prior ruling circumstances justify tolling wong exercis ed due diligence attempting amend complaint statutory deadline second case us arises deadly highway accident andrew booth killed car riding crossed cable median barrier crashed oncoming traffic following year respondent marlene june acting behalf booth young son filed wrongful death action alleging state arizona contractor negligently constructed maintained median barrier years litigation june contends discovered federal highway administration fhwa approved installation barrier knowing properly crash tested relying new information june presented tort claim fhwa five years accident fhwa denied claim june promptly filed action federal district dismissed suit june failed submit claim fhwa within two years collision ftca bar ruled jurisdictional therefore subject equitable tolling accordingly consider june contention tolling proper government concealed failure require crash testing appeal ninth circuit reversed light recent decision wong thus holding deadline like counterpart jurisdictional may tolled fed appx granted certiorari cases resolve circuit split whether courts may equitably toll two time limits compare fema trailer formaldehyde prods liability litigation per curiam tolling available arteaga tolling allowed affirm appeals rulings ii irwin department veterans affairs sets framework deciding applicability equitable tolling suits government irwin recognized time bars suits private parties presumptively subject equitable tolling see means usually may pause running limitations statute private litigation party pursued rights diligently extraordinary circumstance prevents meeting deadline lozano montoya alvarez slip held irwin rebuttable presumption equitable tolling also apply suits brought statute waiving sovereign immunity old ad hoc approach determining availability tolling suits reasoned produced inconsistency unpredictability without offsetting virtue enhanced fidelity intent congress adopting general rule used private litigation stated amount little broadening statutory waiver immunity ibid accordingly thought presumption likely realistic assessment legislative intent well practically useful rule interpretation ibid rebuttable presumption course may rebutted irwin end matter enacting time bar suit government one private party congress may reverse usual rule chooses see government may therefore attempt establish evidence relating particular statute limitations congress opted forbid equitable tolling one way meet burden way government pursues show congress made time bar issue litigant failure comply bar deprives authority hear case hence must enforce limitation even party waived timeliness objection see gonzalez thaler slip crucially must even equitable considerations support extending prescribed time period see john sand gravel given harsh consequences government must clear high bar establish statute limitations jurisdictional recent years repeatedly held procedural rules including time bars cabin power congress clearly state much sebelius auburn regional medical center slip quoting arbaugh see gonzalez slip bsent clear statement treat restriction nonjurisdictional auburn regional slip quoting arbaugh mean congress must incant magic words auburn regional slip traditional tools statutory construction must plainly show congress imbued procedural bar jurisdictional consequences applying clear statement rule made plain time bars nonjurisdictional see slip noting rarity jurisdictional time limits time described filing deadlines quintessential rules seek promote orderly progress litigation deprive authority hear case henderson shinseki see auburn regional slip scarborough principi contrary dissent suggestion see post even time limit important even framed mandatory terms indeed however emphatic ally expressed terms may henderson quoting union pacific locomotive engineers congress must something special beyond setting deadline tag statute limitations jurisdictional prohibit tolling enacting ftca congress nothing kind provided clear statement indicating rare statute limitations deprive jurisdiction neither text context legislative history indicates much less plainly congress meant enact something standard time bar important text speaks claim timeliness power tort claim shall forever barred unless presented agency within two years unless action begun within six months agency denial claim mundane language saying every time bar definition must certain time claim barred see infra citing many similarly worded limitations statutes language mandatory shall barred noted true statutes consistently found consequence see gonzalez slip language might viewed emphatic forever barred often held matter see henderson union pacific matters instead speak jurisdictional terms refer way jurisdiction district courts arbaugh quoting zipes trans world airlines define federal jurisdiction tort claims generally address authority hear untimely suits way cabin usual equitable powers section short reads like ordinary statute limitations spelling litigant filing obligations without restricting authority holland ida statutory context confirms reading often explained congress separation filing deadline jurisdictional grant indicates time bar jurisdictional see henderson reed elsevier muchnick arbaugh zipes whereas houses ftca time limitations different section title confers power federal district courts hear ftca claims see district courts shall exclusive jurisdiction tort claims nothing conditions jurisdictional grant limitations periods otherwise links separate provisions treating time bars jurisdictional thus disregard structural divide built statute finally even assuming legislative history alone provide clear statement doubt none report accompanying ftca discuss whether time limits jurisdictional see amending four times enactment congress declined four times say anything specific whether statute limitations imposes jurisdictional bar congress thus failed provide anything like clear statement demanded deeming statute limitations curtail power wind back started irwin general rule equitable tolling available suits government justification government offers departing principle fails section jurisdictional requirement time limits ftca time limits nothing even though govern litigation government toll equitable grounds iii government balks straightforward analysis claiming overlooks two reasons thinking jurisdictional neither reasons persuasive indeed precedents area foreclose government principally contends jurisdictional includes language statute limitations governing contract suits brought tucker act see statute long provided suits shall forever barred filed within six years act mar stat see act mar stat repeatedly held limit jurisdictional thus subject equitable tolling see kendall finn soriano congress drafted ftca time bar used shall forever barred language though selecting shorter limitations period circumstances government maintains reasonable conclusion congress intended ftca identically worded time limit jurisdictional bar brief wong according government congress wanted ftca serve analogue tucker act incorporated words shall forever barred similarly preclude equitable tolling reply brief wong dissent relies heavily argument see post government takes much congress use utterly unremarkable phrase shall forever barred formulation commonplace federal limitations statutes many decades surrounding congress enactment neither accorded words talismanic power render time bars jurisdictional contrary construed shall forever barred language clayton act statute limitations subject tolling nothing provision found restrict power federal courts extend limitations period circumstances warrant american pipe constr utah see hardin city title escrow cadc calling good example time limitation based text separation clayton act jurisdictional provisions government previously acknowledged referring shall forever barred locution hat type language legal rhetoric time statute passed anything else make difference jurisdictional analysis tr oral arg irwin put bit differently congress inclusion phrase endemic limitations statutes era least allow tolling provide requisite clear statement time bar curtails authority indeed two decisions directly addressing tucker act statute limitations dismissed idea language government relies jurisdictional significance twice described words provision meaningfully different nonjurisdictional statute limitations twice made clear jurisdictional status tucker act time bar precious little phrasing first irwin using newly minted presumption see supra decided limitations period governing title vii suits government ed allowed equitable tolling reaching conclusion compared text stating employee may file civil action within days agency denial claim language tucker act time bar noted formerly held tucker act limitations statute jurisdictionally bar late claims acknowledged possibility justifying different treatment characterizing language stringent irwin rejected reasoning instead finding two formulations materially alike persuaded stated difference enough manifest different congressional intent respect availability equitable tolling leaving another day question account jurisdictional status tucker act time bar thus ruled reliance language words core question government raises whether phrase shall forever barred used tucker act ftca manifests congressional decision preclude tolling irwin said recently john sand reaffirmed conclusion even refused overturn view tucker act time bar jurisdictional less three times john sand approvingly repeated irwin statement textual differences tucker act time bar insignificant language two provisions explain former jurisdictional latter see calling provisions linguistically similar similar language similarly worded john sand asked hold tucker act time limit like nonjurisdictional answer came two words stare decisis tucker act bar different subject definitive earlier interpretation see supra reason alone john sand left place prior construction tucker act time limit see observing justice brandeis words important rule settled settled right quoting burnet coronado oil gas dissenting opinion special tucker act deadline john sand recognized comes merely prior rulings congress choice wording government thus show phrase shall forever barred plainly signifies jurisdictional statute decisions require see supra unlike john sand stare decisis plays role previously considered whether restricts authority done say core language provision jurisdictional significance materially indistinguishable language one nonjurisdictional time bar see irwin john sand identical language another see american pipe yes held tucker act time bar includes words constrains power hear late claims explained irwin phrase manifest congressional intent respect availability equitable tolling words government pins hopes words limitations statute particular era nothing else supports government claim congress enacting ftca wanted incorporate view tucker act time bar much less congress expressed purported intent needed clear statement government next contends time ftca enactment congress thought every limitations statute applying suits however framed worded cut jurisdiction untimely claims view particular language statutes makes difference matters time limits function conditions government waiver sovereign immunity era indeed irwin decided conditions generally supposed strictly observed soriano meant government urges time limits actions carr ied jurisdictional consequences brief wong accordingly government concludes congress expected courts apply jurisdictional requirement conditions waivers sovereign immunity always applied irwin however forecloses argument irwin also considered time bar attached waiver sovereign immunity government argued anticipating claim statute limitations conditioned waiver must jurisdictional subject equitable tolling see brief respondents tr oral arg irwin irwin disagreed applying opposite presumption time limit passed two decades earlier see supra justice white protested much government time enactment limitations statutes suits government strictly observed amenable tolling opinion concurring part concurring judgment quoting soriano see earlier congress justice white asked mind present departure longstanding rule ibid see post asking variant question irwin undeterred noted applied former rule consistently justice white suggested see doubted former approach well reflected congressional intent contrary equitable tolling amounts little broadening congressional waiver thought rule generally allowing tolling realistic assessment legislative intent see supra reasons declined count time bars jurisdictional merely condition waivers immunity even congress enacted deadline interpreted limitations statutes differently years since repeatedly followed irwin lead applied irwin statutes statutes followed decision wake see scarborough franconia associates sure irwin presumption rebuttable rebuttal rely irwin deemed irrelevant congress passed statute earlier era often attached jurisdictional consequence conditions waivers sovereign immunity rather rebuttal must identify something distinctive time limit issue whether enacted later reason thinking congress wanted limitations statute statutes passed earlier day curtail jurisdiction government contrary view irwin effectively become prospective decision nothing less consonant irwin ambition adopt general rule govern applicability equitable tolling suits government government claim peculiarly inapt applied special ftca cuts favor allowing equitable tolling compared waivers immunity prominently including tucker act ftca treats like commoner like crown ftca jurisdictional provision courts may hear suits circumstances private person liable claimant defining substantive liability torts act reiterates accountable manner extent private individual keeping provisions often rejected government calls cabin ftca ground waives sovereign immunity indeed years immediately act passage even construing waivers immunity narrowly see aetna casualty surety indian towing rayonier reason differently irwin recognized treating government like private person means among things permitting equitable tolling see stressing government equivalence private party ftca goes typical statute waiving sovereign immunity indicate time bar allows hear late claims iv precedents make case irwin requires affirmative indication congress intends preclude equitable tolling suit government see congress provide signal making statute limitations jurisdictional requires plain statement otherwise treat time bar mere rule see auburn regional slip congress supplied statement repeatedly stated nothing core language special shall forever barred ordinary albeit way setting deadline preclude tolling circumstances warrant see irwin john sand american pipe makes difference time bar conditions waiver sovereign immunity even congress enacted measure different interpretive conventions applied point decision treat time bars suits government whenever passed litigation private parties see irwin scarborough franconia accordingly hold ftca time bars nonjurisdictional subject equitable tolling affirm judgments appeals ninth circuit remand cases proceedings consistent opinion remand june district decide whether facts case june entitled equitable tolling ordered alito dissenting nos writs certiorari appeals ninth circuit april justice alito chief justice justice scalia justice thomas join dissenting task cases interpret enforce federal statute specifies limits waiver sovereign immunity federal tort claims act ftca ftca waives immunity certain tort claims provides tort claim shall forever barred unless filed appropriate agency within two years claim accrues federal within six months agency final decision statutory text historical roots century precedents show absolute bar subject equitable tolling enforce statute congress intended reverse ftca waiver sovereign immunity must understood context early centuries congress reluctant allow individual tort claims instead granted relief individuals private laws enacted solely individuals benefit waivers sovereign immunity surgical sporadic notoriously clumsy congress thought better adopt simplified approach dalehite ftca thus waived sovereign immunity tort claims government set procedure adjudicating claims waiver sovereign immunity trivial matter long ftca congress authorized suits government contract property claims tucker act number predecessor statutes tucker act excluded tort claims waiver sovereign immunity concern obvious opposed predictable nature contractual property claims harms sometimes unperceived even frivolous claims require federal government expend administrative litigation costs ultimately fall upon society every dollar spent defend satisfy tort claim government must either raise taxes shift funds originally allocated different public programs reduce risks congress placed strict limits ftca waiver sovereign immunity statute exempts waiver certain categories claims ali federal bureau prisons includes broad exemption claims arising assault battery false imprisonment false arrest malicious prosecution abuse process libel slander misrepresentation deceit interference contract rights see also addition order limit scope unpredictability government potential liability act exempts waiver sovereign immunity certain types recovery prejudgment interest punitive damages see relevant ftca condition waiver sovereign immunity strict filing deadlines kubrick enacted act granted district courts exclusive jurisdiction tort claims government ubject provisions act ftca ch stat one provisions stated claim cognizable title shall forever barred unless within one year claim accrued presented writing relevant federal agency action begun federal current version provides full follows tort claim shall forever barred unless presented writing appropriate federal agency within two years claim accrues unless action begun within six months date mailing certified registered mail notice final denial claim agency presented ii question presented two cases whether ftca filing deadlines subject equitable tolling must therefore decide whether deadlines jurisdictional nature courts without power adjudicate claims filed outside strict limits jurisdictional whether statute nonetheless prohibits equitable tolling inquiries require close attention text context history act lead conclusion ftca allows equitable tolling ftca filing deadlines jurisdictional statute plain text prohibits adjudication untimely claims act filing deadlines run untimely claims shall forever barred ibid words qualified aspirational absolute filed agency within two years federal within six months claim shall barred forever shall forever barred generally understood mean allowed sometimes statute brooks exceptions filing deadlines restrict ftca waiver sovereign immunity impose limit courts jurisdiction take upon extend kubrick supra years understood terms jurisdictional crafting ftca limitations provision congress write clean slate rather borrowed language limitations provisions tucker act predecessor statutes version tucker act included language nearly identical version ftca every claim cognizable claims shall forever barred unless petition setting forth statement thereof filed within six years claim first accrues stat statutory language came turn predecessor tucker act see stat early interpreted precise terms impose jurisdiction al requirement may disregard kendall emphasized waiving sovereign immunity congress may restrict jurisdiction courts certain classes demands ibid held express words statute leave room contention ibid thus authority engraft equitable tolling provision congress clearly constrained judiciary authority ibid ensuing decades repeatedly reaffirmed interpretation phrase finn held government waive jurisdictional time bar thus duty dismiss petition plaintiff raised untimely claim reached conclusion de arnaud reaffirmed rule new york holding jurisdiction plaintiff presented claim statutory deadline munro held district lacked jurisdiction resolve untimely claims even government waived objection different statute incorporated tucker act time limits lower courts similarly enforced deadline jurisdictional requirement compliance necessary enable suit maintained sovereign compagnie generale transatlantique thus phrase shall forever barred well understood deprive federal courts jurisdiction untimely ftca statutory terms must understood context congress crafted ftca analogue tucker act consciously borrowed wording tucker act filing deadline settled adopting language used earlier act congress must considered adopted also construction given language made part enactment hecht malley see also shapiro sekhar slip word obviously transplanted another legal source whether common law legislation brings old soil quoting frankfurter reflections reading statutes colum rev indeed congress considered departing tucker act prohibition equitable tolling decided proposals include equitable tolling provision included nine bills prior enactment ftca act passed congress provide equitable tolling limitations periods colella bain revisiting equitable tolling federal tort claims act seton hall rev instead understood individuals claims outside deadlines turn congress relief private bills ftca enactment see evidence statutory meaning end reaffirmed phase jurisdictional nature decades following ftca enactment soriano rejected request allow equitable tolling tucker act confirming connection tucker act ftca noted statutes permitting suits tax refunds tort actions alien property litigation patent cases claims government affected allowed equitable tolling tucker act emphasis added kubrick cited soriano warning emphasizing ftca time limits condition act waiver sovereign immunity lower courts also quickly recognized statutes common heritage enforced jurisdictional requirement anderegg per curiam fourth circuit cited finn munro holding ftca filing deadline jurisdictional limit government waive fifth circuit simon held ftca deadline jurisdictional condition act waiver sovereign immunity cited carpenter tucker act case support holding humphreys ninth circuit similarly relied tucker act precedents hold district jurisdiction untimely ftca action waiver sovereign immunity exists filing deadline run citing edwards turn citing finn munro congress amended ftca readopted forever barred language backdrop soriano lower courts interpretation phrase must therefore assume congress meant keep universally recognized meaning words see general dynamics land systems cline meaning course change time even doubt recently reaffirmed view john sand gravel explained unlike statutes limitation jurisdictional time limits seek achieve broader goal facilitating administration claims limiting scope governmental waiver sovereign immunity promoting judicial efficiency citations omitted recounting decisions kendall finn de arnaud new york soriano reiterated understanding absolute nature claims limitations statute rejected invitation abandon interpretation noting congress long accepted interpretation statute must said ftca often explained hen long line decisions left undisturbed congress treated similar requirement presume congress intended follow course henderson shinseki citation internal quotation marks omitted reed elsevier muchnick union pacific locomotive engineers every single decision interpreting tucker act similar requirement treated jurisdictional strong historical evidence congress intended follow course end matter section filing deadlines jurisdictional limits subject equitable tolling even ftca filing deadlines jurisdictional still prohibit equitable tolling sure recent years grown reluctant affix jurisdictional label see arbaugh henderson supra calling rule nonjurisdictional mean mandatory gonzalez thaler slip congress imposes inflexible claims processing rule duty enforce law prohibit equitable tolling whether jurisdictional congress intent clear words statute leave doubt untimely claims never allowed forever barred command history underlying text bolsters apparent meaning repeated reaffirmation phrase meaning remove doubt congress never meant equitable tolling available ftca factor pointing opposite direction suggestion irwin department veterans affairs thenceforth apply rebuttable presumption favor equitable tolling suits government beyond irwin presumption announced trump obvious meaning statute enacted many decades earlier cf cannon university chicago rehnquist concurring event irwin rebuttable presumption overcome case well century recognized inflexible nature tucker act provision since adoption recognized ftca language bears meaning tucker act companion see soriano supra kubrick supra john sand gravel held definitive earlier interpretation tucker act sufficient rebuttal irwin presumption principled way distinguish case section allows equitable tolling iii contrary conclusion wrong every step view statutory text mundane language like ordinary statute limitations ante ordinary nonjurisdictional time limits typically directed claimants deadline henderson example required person adversely affected board veterans appeals decision shall file notice appeal within days decision emphasis added limitations provision holland florida likewise applied person responsible filing period limitation shall apply application writ habeas corpus person custody pursuant judgment state emphasis added provision issue irwin similar even weaker command provided ithin thirty days receipt notice final action taken equal employment opportunity commission employee applicant employment may file civil action quoting ed emphasis added section contrast never mentions claimant phrased emphatically absolute terms says unequivocally untimely tort claims shall forever barred although use word jurisdiction speaks least much courts forever barred considering untimely claims claimants forever barred bringing stale claims important though words meaning ipse dixit labels majority tells us old hoc approach also known statutory interpretation replaced broad presumption favor equitable tolling judicial preference jurisdictional labels ante dispute premise event explained six members current held john sand gravel overwhelming evidence congressional intent easily overtakes irwin rebuttable presumption even rather call deadlines jurisdictional label entails must nonetheless recognize congress never meant allow equitable tolling majority avoids latter point declining give separate attention see ante conflate two questions though relevant evidence analysis different particular majority wrong rely irwin assessing jurisdictional question question really decides indulge irwin presumption determining whether requirement jurisdictional instead typically invoke irwin finding requirement jurisdictional decide whether congress nonetheless intended prohibit equitable tolling henderson instance never mentioned irwin parties ask us address whether rule subject equitable tolling jurisdictional likewise bowles russell held deadline filing notice appeal jurisdictional without word sebelius auburn regional medical center slip considered irwin deciding deadline jurisdictional holland held antiterrorism effective death penalty act time limits jurisdictional without relying irwin stated previously made clear nonjurisdictional federal statute limitations normally subject presumption favor equitable tolling quoting irwin supra emphasis deleted cf young invoking irwin concluding limitations period substantive component bankruptcy code error matters majority jurisdictional analysis literally begins ends irwin see ante thus relies presumption bearing question without presumption majority readily ignore unmistakable evidence limits jurisdictional reasons hold allow equitable tolling therefore respectfully dissent footnotes together june conservator also certiorari footnotes although consolidate cases address together everyone agrees core arguments equitable tolling apply equally deadlines see brief june nothing text relevant legislative history suggests respective time bars interpreted differently respect whether jurisdictional subject equitable tolling government notes agree congress may preclude equitable tolling even nonjurisdictional statute limitations see brief wong sebelius auburn regional medical center slip finding nonjurisdictional time limit amenable tolling government contends passing even nonjurisdictional prohibits equitable tolling see brief wong government makes independent arguments support position instead relies even implicitly indicia congressional intent view show time limits jurisdictional see infra addressing government predominant jurisdictional claim therefore also deal subsidiary one dissent takes issue sequence decide jurisdictional question contending must prior mentioning irwin presumption see post opinion alito understand point precisely dissent thinks ordering matters congress makes time bar suit government jurisdictional one say dissent irwin apply one say irwin presumption conclusively rebutted bottom line tolling available frame inquiry part government presented issue see brief wong one way show irwin presumption rebutted establish statutory time limit restriction think choice makes especially good sense cases various aspects irwin reasoning central considering parties positions whether jurisdictional see infra dissent argues nonjurisdictional time limits typically mention claimants whereas see post none precedents either said suggested difference matters example statute barring tort claim jurisdictional one barring person tort claim see zipes concluding time limit speak jurisdictional terms even though refer claimant rather case case emphasized another distinction jurisdictional statutes speak jurisdiction generally phrased powers see auburn regional slip reed elsevier muchnick arbaugh tucker act ch stat enlarged claims jurisdiction contract actions government statute limitations applying suits tucker act two decades recodification occurring two years passage ftca congress omitted word forever tucker act statute limitations since provided simply untimely claims shall barred see stat party contends change makes difference resolution cases see act stat ed automobile dealers day act stat ed national traffic motor vehicle safety act stat ed age discrimination employment act adea stat ed agricultural fair practices act stat ed national manufactured housing construction safety standards act stat even decision american pipe courts appeals unanimously construed clayton act statute limitations allow equitable tolling see general elec san antonio joining six circuits reaching conclusion similarly every appeals considered issue found act contains shall forever barred phrase permits hearing late claims see hodgson humphries ott partlow jewish orphans home southern abrogated grounds roche sperling courts appeals unanimously found adea longtime though current time bar containing language subject tolling see vance whirlpool callowhill footnotes times past loosely conferred jurisdictional label see steel citizens better environment use term context conscious recognized john sand gravel justice harlan writing said statute al duty raise timeliness question whether done plea quoting kendall correct congress occasionally modified ftca limitations provision initially act required plaintiffs file suit within one year claim accrual claim less present claim appropriate agency within one year accrual ftca stat relieve hardship deadline congress enlarged filing deadline two years act apr ch stat made filing administrative claim appropriate agency prerequisite filing suit shortened litigation filing deadline six months agency denial claim act july stat congress never suggested deadlines excused enlarged courts majority relies fact allowed equitable tolling forever barred language clayton act see ante evidence congress meant import statute terms ftca clayton act involve waiver sovereign immunity money damages government tucker act contrast clearly blueprint ftca time bar involve waiver sovereign immunity cases uniformly held language subject equitable tolling even dissent bowles recognized irwin irrelevance cited decision discussing equitable exceptions nonjurisdictional statutes limitations opinion souter considered irwin john sand gravel holding time limits jurisdictional reject suggestion irwin compelled contrary result irwin presumption influence jurisdictional question influence outcome irwin held equitable tolling available see