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Bowles Vs. Russell
Cites for this judgment
- US Supreme Court
- Jun 14, 2007
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Syllabus October Term, 2006 Bowles V. RussellSearch
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Griggs v. ProvidentSearch
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s jurisdiction, see, e.g. , Kontrick v. RyanSearch
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U. S. 443 , 453, and those based on court rules, which do not, see, e.g. , id., at 454. Arbaugh v. Y &Search
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H Corp. , 546 U. S. 500 , 505, and Scarborough v. PrincipiSearch
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cases at all, it can also determine when, and under what conditions, federal courts can hear them. See United States v. CurrySearch
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doctrine, rooted in Harris Truck Lines, Inc. v. CherrySearch
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Meat Packers, Inc. , 371 U. S. 215 (per curiam) and applied in Thompson v. INSSearch
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JJ., joined. Souter, J., filed a dissenting opinion, in which Stevens, Ginsburg, and Breyer, JJ., joined. Bowles v. RussellSearch
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Opinion of the Court Bowles V. RussellSearch
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Supreme Court of the United States No. 06-5306 Keith Bowles, Petitioner V. HarrySearch
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F. 3d 668, 673 (CA6 2005) (citing Browder v. DirectorSearch
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accord, Hohn v. UnitedSearch
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Torres v. OaklandSearch
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Court regarded statutory limitations on the timing of appeals as limitations on its own jurisdiction. See Scarborough v. PargoudSearch
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courts of appeals routinely and uniformly dismiss untimely appeals for lack of jurisdiction. See, e.g. , Atkins v. MedicalSearch
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Barnhart v. PeabodySearch
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recognized the jurisdictional significance of the fact that a time limitation is set forth in a statute. In Kontrick v. RyanSearch
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Id., at 454 (quoting Schacht v. UnitedSearch
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U. S. , at 454. See also Eberhart v. UnitedSearch
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Nor do Arbaugh v. Y &Search
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H Corp. , 546 U. S. 500 (2006), or Scarborough v. PrincipiSearch
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doctrine, which has its roots in Harris Truck Lines, Inc. v. CherrySearch
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and, accordingly, held that the District Court lacked jurisdiction to grant the extension. Harris Truck Lines, Inc. v. CherrySearch
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illegitimate. Given that this Court has applied Harris Truck Lines only once in the last half century, Thompson v. INSSearch
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per curiam) , several courts have rightly questioned its continuing validity. See, e.g. , Panhorst v. UnitedSearch
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See also Houston v. LackSearch
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See also Osterneck v. ErnstSearch
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s decisions ultimately rely on United States v. RobinsonSearch
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that the timely filing of a notice of appeal is a jurisdictional requirement. United States v. SadlerSearch
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and one can only speculate as to whether denial of that petition would have been a foregone conclusion. Bowles v. RussellSearch
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Souter, J., Dissenting Bowles V. RussellSearch
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Steel Co. v. CitizensSearch
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for Better Environment , 523 U. S. 83 , 90 (1998) (quoting United States v. VannessSearch
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Arbaugh v. Y &Search
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Corp. v. UnitedSearch
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United States v. RobinsonSearch
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Eberhart v. UnitedSearch
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id. , at 510 (quoting Scarborough v. PrincipiSearch
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of limitations, which provides an affirmative defense, see Fed. Rule Civ. Proc. 8(c), and is not jurisdictional, Day v. McDonoughSearch
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or excused by rules, such as equitable tolling, that alleviate hardship and unfairness, see Irwin v. DepartmentSearch
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available when there is a good justification for one, for reasons we recognized years ago. In Harris Truck Lines, Inc. v. CherrySearch
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Meat Packers, Inc. , 371 U. S. 215 , 217 (1962) (per curiam) , and Thompson v. INSSearch
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a) as a jurisdictional time limit. See ante , at 5 (quoting Barnhart v. PeabodySearch
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meant to create it. Footnote 3 The majority answers that a footnote of our unanimous opinion in Kontrick v. RyanSearch
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