Louis Brandeis

“ There is certainly no 'case or controversy' before us requiring an opinion on the power of Congress to incorporate the declaratory judgment into out federal jurisprudence. And the determination now made seems to me very similar itself to a declaratory judgment to the effect that we could not constitutionally be authorized to give such judgments-but is, in addition, prospective, unasked, and unauthorized under any statute. ”

“ The alleged doubt as to plaintiff's right under the leases arises on the face of the instruments by which the plaintiff derives title. Because of that fact, the doubt is not in legal contemplation a cloud, and the bill to remove it as such does not lie. It is true that the plight of which the association complains cannot be remedied by an action at law. But it does not follow that the association may have relief in equity in a federal court. What the plaintiff seeks is simply a declaratory judgment. To grant that relief is beyond the power conferred upon the federal judiciary. ”

“ Counsel for the association are of opinion that it has the legal right to tear down the building and to construct the new one, without first obtaining the consent of the several lessors and of the trustee for the bondholders, provided adequate security is furnished for the payment of the ground rent pending the completion of the new building. ”