context: That the nonjusticiability of a claim may not be waived does not render justiciability a jurisdictional issue, and this court has been careful to distinguish between the two concepts.
citation_a.signal: see also
citation_a.parenthetical: holding the Totten rule requiring dismissal on the ground of public policy, "like the abstention doctrine ... or the prudential standing doctrine, represents the sort of 'threshold question' we have recognized may be resolved before addressing jurisdiction"
citation_a.sentence: See, e.g., Joo v. Japan, 413 F.3d 45, 48 (2005) (“[W]e need not resolve the question of the district court’s subject-matter jurisdiction ... before considering whether the complaint presents a nonjusticiable political question”); Public Citizen v. U.S. Dist. Court, 486 F.3d 1342, 1347 (2007) (noting “a federal court may, in appropriate circumstances, dismiss a case on prudential grounds prior to establishing its jurisdiction” and applying the enrolled bill rule); In re Papandreou, 139 F.3d 247, 255 (D.C.Cir.1998) (“[Although subject-matter jurisdiction is special for many purposes ... a court [may instead] dismiss[ ] on other non-merits grounds such as forum non conveniens”); see also Tenet v. Doe, 544 U.S. 1, 6 n. 4, 125 S.Ct. 1230, 161 L.Ed.2d 82 (2005) (holding the Totten rule requiring dismissal on the ground of public policy, “like the abstention doctrine ... or the prudential standing doctrine, represents the sort of ‘threshold question’ we have recognized may be resolved before addressing jurisdiction”) (internal citation omitted).
citation_b.signal: see
citation_b.identifier: 139 F.3d 247, 255
citation_b.parenthetical: "[Although subject-matter jurisdiction is special for many purposes ... a court [may instead] dismiss[ ] on other non-merits grounds such as forum non conveniens"
citation_b.sentence: See, e.g., Joo v. Japan, 413 F.3d 45, 48 (2005) (“[W]e need not resolve the question of the district court’s subject-matter jurisdiction ... before considering whether the complaint presents a nonjusticiable political question”); Public Citizen v. U.S. Dist. Court, 486 F.3d 1342, 1347 (2007) (noting “a federal court may, in appropriate circumstances, dismiss a case on prudential grounds prior to establishing its jurisdiction” and applying the enrolled bill rule); In re Papandreou, 139 F.3d 247, 255 (D.C.Cir.1998) (“[Although subject-matter jurisdiction is special for many purposes ... a court [may instead] dismiss[ ] on other non-merits grounds such as forum non conveniens”); see also Tenet v. Doe, 544 U.S. 1, 6 n. 4, 125 S.Ct. 1230, 161 L.Ed.2d 82 (2005) (holding the Totten rule requiring dismissal on the ground of public policy, “like the abstention doctrine ... or the prudential standing doctrine, represents the sort of ‘threshold question’ we have recognized may be resolved before addressing jurisdiction”) (internal citation omitted).