2007 Supreme Court term

JOHN R. SAND & GRAVEL COMPANY v. UNITED STATES

Dockets 06-1164Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

The case concerns whether Section 2501 of Title 28, which imposes a six‑year filing deadline, limits the Court of Federal Claims’ subject‑matter jurisdiction or is an ordinary, waivable affirmative defense.

Background and question before the Court

During oral argument the Court asked several questions about the structure of prior statutes and Congress’s intent, indicating that the central issue is how Section 2501 should be interpreted.

What each side argues

Petitioner Position

According to Petitioner (Jeffrey K. Haynes), according to Petitioner (Jeffrey K. Haynes), petitioner argues that Section 2501 does not limit subject‑matter jurisdiction and should be applied to the government as an ordinary, waivable affirmative defense.

According to Mr. Haynes, petitioner further contends that, consistent with Franconia, once sovereign immunity is waived the statute of limitations applies to the government.

According to Petitioner, petitioner concludes that while the government may have won the immediate battle, it lost the broader war on the Irwin rule.

Respondent Position

According to Mr. Stewart, respondent argues that the language of Section 2501, as explained by Chief Justice Rehnquist, addresses equitable tolling rather than waivability, suggesting the statute is not a waivable defense.

What happened at oral argument

Appearances were made by counsel for the petitioner and the United States.

Justices asked questions about the structure of prior statutes, whether Congress was aware of the general rule, and the relationship between sovereign immunity, jurisdiction, and equitable tolling.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 3c9dd53380e100b2b93a-r1-189d4ae6e2c5370f.pdforal argument transcript

Guide generated September 22, 2026. Automated validation accepted this version.