Reed Elsevier, Inc. v. Muchnick — Ginsburg, J., Concurring

Summary

Justice Ginsburg, joined by Justices Stevens and Breyer, concurring in part and in the judgment, agrees that 17 U.S.C. § 411(a) is a precondition to suit rather than a subject-matter jurisdictional limit. She offers a framework to reconcile the Court’s opinions in Arbaugh and Bowles, clarifying when statutory limits are jurisdictional. She notes that Bowles relies on longstanding precedents regarding time limits for appeals, which distinguishes it from § 411(a).