28 U.S.C. § 2201 - Creation of remedy

• Cite as: 28 U.S.C. § 2201

(a) In a case of actual controversy within its jurisdiction, except with respect to Federal taxes other than actions brought under section 7428 of the Internal Revenue Code of 1986, a proceeding under section 505 or 1146 of title 11, or in any civil action involving an antidumping or countervailing duty proceeding regarding a class or kind of merchandise of a free trade area country (as defined in section 516A(f)(9) of the Tariff Act of 1930), as determined by the administering authority, any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. Any such declaration shall have the force and effect of a final judgment or decree and shall be reviewable as such.

(b) For limitations on actions brought with respect to drug patents see section 505 or 512 of the Federal Food, Drug, and Cosmetic Act, or section 351 of the Public Health Service Act.

Cite as 28 U.S.C. § 2201

Source: June 25, 1948, ch. 646, 62 Stat. 964; May 24, 1949, ch. 139, §111, 63 Stat. 105; Aug. 28, 1954, ch. 1033, 68 Stat. 890; Pub. L. 85-508 §12(p), July 7, 1958, 72 Stat. 349; Pub. L. 94-455 §1306(b)(8), Oct. 4, 1976, 90 Stat. 1719; Pub. L. 95-598 §249, Nov. 6, 1978, 92 Stat. 2672; Pub. L. 98-417 §106, Sept. 24, 1984, 98 Stat. 1597; Pub. L. 100-449 §402(c), Sept. 28, 1988, 102 Stat. 1884; Pub. L. 100-670 §107(b), Nov. 16, 1988, 102 Stat. 3984; Pub. L. 103-182 §414(b), Dec. 8, 1993, 107 Stat. 2147; Pub. L. 111-148 §7002(c)(2), Mar. 23, 2010, 124 Stat. 816; Pub. L. 116-113 §423(b), Jan. 29, 2020, 134 Stat. 66.

Notes from the Office of Law Revision Counsel

current through 7/10/2021

Amendment of Section

For termination of amendment by section 501(c) of Pub. L. 100-449 see Effective and Termination Dates of 1988 Amendment note below.

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., §400 (Mar. 3, 1911, ch. 231, §274d, as added June 14, 1934, ch. 512, 48 Stat. 955; Aug. 30, 1935, ch. 829, §405, 49 Stat. 1027).

This section is based on the first paragraph of section 400 of title 28, U.S.C., 1940 ed. Other provisions of such section are incorporated in section 2202 of this title.

While this section does not exclude declaratory judgments with respect to State taxes, such suits will not ordinarily be entertained in the courts of the United States where State law makes provision for payment under protest and recovery back or otherwise affords adequate remedy in the State courts. See Great Lakes Dredge & Dock Co. v. Huffman, La. 1943, 63 S.Ct. 1070, 319 U.S. 293, 87 L.Ed. 1407. See also Spector Motor Service v. McLaughlin, Conn. 1944, 65 S.Ct. 152, 323 U.S. 101, 89 L.Ed. 101. See also section 1341 of this title forbidding district courts to restrain enforcements of State taxes where State courts afford plain, speedy, and efficient remedy.