Lemke

Discussion 4 The federal court is one of limited jurisdiction and the burden rests on the party 5 asserting jurisdiction. Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 377 6 (1994). It possesses only that power authorized by the Constitution or a statute. See 7 Bender v. Williamsport Area Sch. Dist., 475 U.S. 534, 541 (1986). It is constitutionally 8 required to raise issues related to federal subject matter jurisdiction, and may do so sua 9 sponte. Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 93–94 (1998); see Nevada v. 10 Bank of America Corp., 672 F.3d 661, 673 (9th Cir. 2012) (it is well established that “a court may raise the question of subject matter jurisdiction, sua sponte, at any time during the pendency of the action, even on appeal”). Accordingly, federal courts are under a continuing duty to confirm their jurisdictional power and are “obliged to inquire sua sponte whenever a doubt arises as to [its] existence . . . .” Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 278 (1977) (citations omitted). “If the court determines at any time that it lacks subject-matter jurisdiction, the court must…