Jurisdiction Case Law

Once jurisdiction is challenged, the court cannot proceed when it clearly appears that the court lacks jurisdiction, the court has no authority to reach merits, but, rather, should dismiss the action. See Mela v. US, 505 F2d 1026.

There is no discretion to ignore lack of jurisdiction. See  Joyce v. United States, 474 F.2d 215 (3d Cir. Pa. 1973).