Declaratory Remedies and Constitutional Change

The Federal Declaratory Judgment Act\u27 has now been law for more than 36 years. The debates over whether a purely declaratory judgment can be the product of a justiciable controversy in the constitutional sense have long since passed away, set to rest by the language of the Act itself and by the Supreme Court\u27s decision that the Act was authorized by the judiciary article of the Constitution. The last edition of Professor Borchard\u27s great work, Declaratory Judgments, was published in 1941,and the most recent article analyzing the constitutional significance of the Act was published shortly before Chief Justice Warren took his place on the Court in October 1953. The present, therefore, is an appropriate time to review the developments in declaratory litigation since the beginning of the Warren Court