Monday, January 22, 2018
Today the Supreme Court issued a 5-4 decision in Artis v. District of Columbia (covered earlier here), which addresses the tolling provision of the supplemental jurisdiction statute, 28 U.S.C. § 1367(d). Section 1367(d) often comes into play where a federal court dismisses all claims for which there is an independent basis for federal subject-matter jurisdiction, and then declines to exercise supplemental jurisdiction (pursuant to § 1367(c)) over the remaining claims. Anticipating that the parties would then pursue any such claims in state court, § 1367(d) provides that the limitations period for such a claim “shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period.”
Justice Ginsburg’s majority opinion (joined by Chief Justice Roberts and Justices Breyer, Sotomayor, and Kagan) frames the question this way:
Does the word “tolled,” as used in §1367(d), mean the state limitations period is suspended during the pendency of the federal suit; or does “tolled” mean that, although the state limitations period continues to run, a plaintiff is accorded a grace period of 30 days to refile in state court post dismissal of the federal case? Petitioner urges the first, or stop-the-clock, reading. Respondent urges, and the District of Columbia Court of Appeals adopted, the second, or grace-period, reading.
The choice between these interpretations is crucial for Artis, because she refiled her state-law claims 59 days after the federal-court dismissal. Since she filed her federal-court suit with 2 years remaining on the state statute of limitations, this would be timely under the stop-the-clock approach but not under the grace-period approach.
The majority adopts the “stop-the-clock” reading: “We hold that § 1367(d)’s instruction to ‘toll’ a state limitations period means to hold it in abeyance, i.e., to stop the clock.” Part II of the opinion justifies this conclusion as a matter of the statutory text. Part III of the opinion then considers whether the statute “exceed[s] Congress’ authority under the Necessary and Proper Clause because its connection to Congress’ enumerated powers is too attenuated or because it is too great an incursion on the States’ domain” and whether the Court should adopt the grace-period reading to “avoid constitutional doubt.” The majority rejects this line of argument, relying on its unanimous decision in Jinks v. Richland County upholding the constitutionality of § 1367(d). It also notes that both stop-the-clock and grace-period provisions “are standard, off-the-shelf means of accounting for the fact that a claim was timely pressed in another forum. Requiring Congress to choose one over the other would impose a tighter constraint on Congress’ discretion than we have ever countenanced.”
Justice Gorsuch authored the dissenting opinion, joined by Justices Kennedy, Thomas, and Alito.