Calderon v. Ashmus, 523 U.S. 740, 10 (1998)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Cite as: 523 U. S. 740 (1998)

Breyer, J., concurring

their rights to application of Chapter 153 are sufficient to establish federal court jurisdiction.

Steffel, however, falls within the traditional scope of declaratory judgment actions because it completely resolved a concrete controversy susceptible to conclusive judicial determination. In Steffel, protesters had twice been told they would be arrested for handbilling in front of a shopping center, and the plaintiff's companion had in fact been arrested after disregarding instructions to leave. Id., at 455-456. The imminent threat of state criminal prosecution and the consequent deterrence of the plaintiff's exercise of constitutionally protected rights established a case or controversy. Id., at 459. That controversy could have been completely resolved by the declaratory judgment sought by the plaintiff. Id., at 460-462.

The differences between this case and Steffel are several. Here, California's assertions on Chapter 154 have no coercive impact on the legal rights or obligations of either party. It is the members of the class, and not the State, who anticipate filing lawsuits. Those habeas actions would challenge the validity of their state court convictions and sentences; the State will oppose such challenges. The present declaratory judgment action would not completely resolve those challenges, but would simply carve out one issue in the dispute for separate adjudication.

We conclude that this action for a declaratory judgment and injunctive relief is not a justiciable case within the meaning of Article III. The judgment of the Court of Appeals accordingly is reversed, and the case is remanded with instructions that respondent's complaint be dismissed.

It is so ordered.

Justice Breyer, with whom Justice Souter joins, concurring.

The Court says that "[respondent class members] can litigate California's compliance with Chapter 154" when they

749

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: October 4, 2007