Read the following excerpt from a US court opinion:
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the FIS engages in international diplomatic relations, see Amended Complaint, para. 34-36. At this time, the Court believes that it is premature to determine whether the FIS actually constitutes a de facto state for the purposes of jurisdiction under the TVPA. The de facto state doctrine requires the Court to make factual findings regarding the activities of the FIS. At this stage, the record contains only the bare allegations of the Plaintiffs. To make the requisite factual findings, the Court will await the further development of the record. 3. Jurisdiction Under 28 U.S.C. § 1331 Because the ATCA supplies jurisdiction in this ease, the Court will not reach the issue of whether 28 U.S.C. § 1331 provides an independent basis for subject matter jurisdiction. See Karadzic, 70 F.3d at 246 . D. Justiciability Defendant Haddam claims
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing the possibility that 28 usc  1331 supplies jurisdiction for violations of international law but not reaching the ultimate merits of the issue
B. holding that subject matter jurisdiction to review department of the interior decisions voiding mining claims is conferred by 28 usc  1331
C. holding that  ijinguistic consistency  required that the same arising under test be applied to the jurisdictional statute for patent claims 28 usc  1338a as is used for the general federal jurisdiction statute 28 usc  1331
D. holding that statutes conferring general jurisdiction including 28 usc  1331 do not waive sovereign immunity
E. holding that 28 usc  1331 does not constitute a waiver of sovereign immunity
Reply with [A, B, C, D, E] only.