Opinion analysis: Clear statements, sovereign immunity, and timeliness

In United States v. Wong, decided together with United States v. June, the Court concluded, yet again, that a statute of limitations is a “claim-processing rule” and subject to equitable tolling, rather than a limit on the court’s adjudicative jurisdiction which allows for no tolling. But because these cases involved the Federal Tort Claims Act and waiver of federal sovereign immunity, it produced a five-to-four split, unusual for the Court’s recent, generally unanimous jurisdictionality jurisprudence.
Although June and Wong were not consolidated, the United States filed substantially identical briefs in both cases and everyone agreed that the same arguments applied in both and that the outcomes of both must necessarily be the same. At issue in Wong’s case was a wrongful imprisonment claim arising from her detention by the INS in 1999; she failed to file the claim

Original SCOTUS article

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