January 8, 2008 U.S. Supreme Court Opinion
On January 8, 2008, the Court issued one opinion:
In John R. Sand & Gravel Co. v. United States, a 7-2 decision, the Court held that the issue of timeliness of a claim filed with the Court of Claims is jurisdictional. Accordingly, a Court can and should consider the timeliness of the claim sua sponte. Here, the government has raised the issued of timeliness in the court of claims, with the court resolving the issue in favor of timeliness. The government did not raise the issue on appeal. The Federal Circuit considered the issue sua sponte, and found the claim untimely. Stevens and Ginsberg dissented.
The Court declined the invitation to overturn precedent consistent with the outcome. Writing for the majority, Justice Breyer stated:
To overturn a decision settling [a] matter simply because we might believe the decision is no longer “right” would inevitably reflect a willingness to reconsider others. And that willingness could threaten to substitute disruption, confusion, and uncertainty for necessary legal stability.
