Textron Lycoming Reciprocating Engine Div., AVCO Corp. v. Automobile Workers, 523 U.S. 653, 12 (1998)

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664

TEXTRON LYCOMING RECIPROCATING ENGINE DIV., AVCO CORP. v. AUTOMOBILE WORKERS

Opinion of Breyer, J.

action to enforce its rights, that suit would necessarily present a federal question." Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal., 463 U. S. 1, 19 (1983). Hence the characterization of the Union's "no valid contract" claim as a "defense" that could not independently support § 301 jurisdiction is beside the point. See ibid.; Public Serv. Comm'n of Utah v. Wycoff Co., 344 U. S. 237, 248 (1952) (in declaratory judgment context, "it is the character of the threatened action, and not of the defense, which will determine whether there is federal-question jurisdiction in the District Court"); see also 10A C. Wright, A. Miller, & M. Kane, Federal Practice and Procedure § 2767, p. 741 (2d ed. 1983) ("federal nature of the right claimed not to exist is crucial to jurisdiction").

This conclusion draws support in principle from the Declaratory Judgment Act's basic objective, which is "to permit adjudication of either party's claims of right." Franchise Tax Board, supra, at 19, n. 19. And the conclusion draws support in practice from the prevalence in the lower courts of "reverse" declaratory judgment actions that focus upon a party's likely defense, including actions found in contexts such as that now before us. See, e. g., El Paso Bldg. & Constr. Trades Council v. Associated Gen. Contractors of Am., 376 F. 2d 797, 799-800 (CA5 1967) (union threatened to strike, then filed declaratory judgment action for determination of contract's validity, and court took jurisdiction under § 301); McNally Pittsburg, Inc. v. International Assn. of Bridge, Structural, and Ornamental Iron Workers, 812 F. 2d 615 (CA10 1987) (where actual controversy existed with union, employer allowed to seek prospective declaration that contract was invalid); Mobil Oil Corp. v. Oil, Chemical and Atomic Workers Int'l Union, AFL-CIO, 483 F. 2d 603 (CA5 1973) (same), rev'd on other grounds, 504 F. 2d 272 (1974) (en banc). Cf. Walker Process Equipment, Inc. v. Food Machinery & Chemical Corp., 382 U. S. 172, 176 (1965) (one likely to be sued for patent infringement "need not await the

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