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Questioning Appellate Time Limits At The High Court

By Eric Miller (October 16, 2017, 12:03 PM EDT) -- Last week, the U.S. Supreme Court heard argument in Hamer v. Neighborhood Housing Services of Chicago, No. 16-658. The case presents the question whether the time limit on a district court's authority to extend the deadline for filing a notice of appeal is jurisdictional. Based on the questions at argument, the court appears likely to adhere to the principle articulated in some of its recent cases that time limits can be jurisdictional only if they are prescribed in statutes. Since the time limit at issue in Hamer is not statutory, that principle would suggest that it is not jurisdictional....

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