Carijano

For nearly 150 years, the Supreme Court has consistently and repeatedly held that, “ ‘[wjithout jurisdiction the court cannot proceed at all in any cause. Jurisdiction is power to declare the law, and when it ceases to exist, the only function remaining to the court is that of announcing the fact and dismissing the cause.’ ” Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 94 , 118 S.Ct. 1003 , 140 L.Ed.2d 210 (1998) (quoting Ex parte McCardle, 74 U.S. (7 Wall.) 506, 514 , 19 L.Ed. 264 (1868)). It is therefore hornbook law that, “ ‘[o]n every ... appeal, the first and fundamental question is that of jurisdiction, first, of this court, and then of the court from which the record comes. This question the court is bound to ask and answer for itself, even when not otherwise suggested, and without respect to the relation of the parties to it.’ ” Id. (quoting Great S. Fire Proof Hotel Co. v. Jones, 177 U.S. 449, 453 , 20 S.Ct. 690 , 44 L.Ed. 842 (1900)) (emphasis added).

Tossing this instruction aside, the majority refuses to address Defendants’ claim that Amazon Watch lacks Article III standing — “a threshold matter central to our subject matter jurisdiction.” Bates v. United…

with whom SCHROEDER and GOULD, Circuit Judges join, concurring in denial of rehearing en banc:

Whoa!!! The Chief has put the proverbial cart before the horse. The district court did not touch upon the merits of the claims alleged in the complaint in any manner whatsoever, and neither did our panel’s disposition. Nor did we or the district court invoke the doctrine of “hypothetical jurisdiction” in an effort to reach the merits, quite contrary to the dissent’s assertion. Rather, based on the record before the district court, the panel concluded only that the district court abused its discretion when it dismissed this action under the forum non conveniens doctrine. This was, by definition, “a non-merits ground for dismissal.” Sinochem Int’l Co. v. Malaysia Int’l Shipping Corp., 549 U.S. 422, 432 , 127 S.Ct. 1184 , 167 L.Ed.2d 15 *1032 (2007) (internal quotation marks omitted). Occidental is free, on remand, to renew its motion to dismiss on the ground that Amazon Watch may not have standing to assert its claim under California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof.Code § 17200 et seq., and, should the district court dismiss Amazon Watch, Occidental may once again seek…