Cite as: 523 U. S. 83 (1998)
Opinion of the Court
whether a particular manner of delivery complied in time with the requirement to "submit" the form; and if the court agreed with the defendant on the point; the action would not be "brought under [§ 11046(a)]," and would be dismissed for lack of jurisdiction rather than decided on the merits. Moreover, those statutory arguments, since they are "jurisdictional," would have to be considered by this Court even though not raised earlier in the litigation—indeed, this Court would have to raise them sua sponte. See Mt. Healthy City Bd. of Ed. v. Doyle, 429 U. S. 274, 278-279 (1977); Great Southern Fire Proof Hotel Co. v. Jones, 177 U. S. 449, 453 (1900). Congress of course did not create such a strange scheme. In referring to actions "brought under" § 11046(a), § 11046(c) means suits contending that § 11046(a) contains a certain requirement. If Justice Stevens is correct that all cause-of-action questions may be regarded as jurisdictional questions, and thus capable of being decided where there is no genuine case or controversy, it is hard to see what is left of that limitation in Article III.
III
In addition to its attempt to convert the merits issue in this case into a jurisdictional one, Justice Stevens' concurrence proceeds, post, at 117-124, to argue the bolder point that jurisdiction need not be addressed first anyway. Even if the statutory question is not "fram[ed] . . . in terms of 'jurisdiction,' " but is simply "characterize[d] . . . as whether respondent's complaint states a 'cause of action,' " "it is also clear that we have the power to decide the statutory question first." Post, at 117-118. This is essentially the position embraced by several Courts of Appeals, which find it proper to proceed immediately to the merits question, despite jurisdictional objections, at least where (1) the merits question is more readily resolved, and (2) the prevailing party on the merits would be the same as the prevailing party were jurisdiction denied. See, e. g., SEC v. American
93
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