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statutory jurisdiction being distinct from article 3 jurisdiction which we could never assume, because that implicates the power of the court to act. if we had discretion to reach the merits versus just dismissing this case under midland asphalt, which i think is a strong precedent, which suggests that this appeal is interlocutory, and not -- does not fall under the collateral order doctrine, how should we determine how to exercise that jurisdiction about whether or not we should reach the merits? >> i think in the american hospital decision, the 2020 decision, the court said said the formulation was something like we're doubtful as to our jurisdiction, but nonetheless, invoking the line of cases you've just described, went on to decide the merits. we would urge the court to do the same here. even if it entertains doubts with respect to the jurisdiction. yes, hypothetical statutory jurisdiction is available under the law of the circuit. the court should use that to