Jurisdictional statements

The first step in any precedential opinion issued by the Federal Circuit is an explanation of why it has jurisdiction. The court clearly takes that step seriously and a party cannot even waive the jurisdictional issue. It occurred to me in reading yesterday’s short per curiam disposition that the jurisdictional statement was not present. And, the basis for the court finding that it has jurisdiction is certainly not explained in Rule 36 judgments. Like all things with respect to Rule 36 judgments, we have to assume the court got it right . . . because it didn’t say so.

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