100
Opinion of the Court
in a suit under 28 U. S. C. § 1343(3) against the Commissioner of the Vermont Department of Social Welfare for deprivation of federal rights under color of state law by denying payments under a federally funded welfare program, the plaintiff could join a similar claim against the Secretary of Health, Education, and Welfare. The merits issue of statutory construction involved in the claim against the Secretary was precisely the same as that involved in the claim against the Commissioner, and the Secretary (while challenging jurisdiction) assured the Court that he would comply with any judgment entered against the Commissioner. The Court's disposition of the case was to dismiss the Secretary's appeal under what was then this Court's Rule 40(g), for failure to brief the jurisdictional question adequately. Normally, the Court acknowledged, its obligation to inquire into the jurisdiction of the District Court might prevent this disposition. But here, the Court concluded, "the substantive issue decided by the District Court would have been decided by that court even if it had concluded that the Secretary was not properly a party," and "the only practical difference that resulted . . . was that its injunction was directed against him as well as against [the Commissioner]," which the Secretary "has [not] properly contended to be wrongful before this Court." 421 U. S., at 721-722. And finally, in Chandler v. Judicial Council of Tenth Circuit, 398 U. S. 74 (1970), we reserved the question whether we had jurisdiction to issue a writ of prohibition or mandamus because the petitioner had not exhausted all available avenues before seeking relief under the All Writs Act, 28 U. S. C. § 1651, and because there was no record to review. 398 U. S., at 86-88. The exhaustion question itself was at least arguably jurisdictional, and was clearly treated as such. Id., at 86.3
3 Justice Stevens adds three cases to the list of those that might support "hypothetical jurisdiction." Post, at 121-122, and n. 15. They are all inapposite. In Moor v. County of Alameda, 411 U. S. 693 (1973), we declined to decide whether a federal court's pendent jurisdiction extended
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