James P. DEVERAUX, Et Al., Plaintiffs-Appellants, v. the CITY OF CHICAGO, Defendant-Appellee, 14 F.3d 328 (7th Cir. 1994). · Go Syfert
James P. DEVERAUX, Et Al., Plaintiffs-Appellants, v. the CITY OF CHICAGO, Defendant-Appellee, 14 F.3d 328 (7th Cir. 1994). Cases Citing This Book View Copy Cite
76 citation events (46 in the last 25 years) across 12 distinct courts.
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Greenpoint Tactical Income Fund LLC
Bankr. E.D. Wis. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
the 'case or controversy' requirement . . . keeps federal courts in the business of resolving existing legal disputes and out of the business of offering advice on the legality of a proposed course of action.
discussed Cited as authority (rule) BBLI Edison LLC v. City of Chicago
N.D. Ill. · 2025 · confidence medium
Courts have discretionary power to issue declarations under the Declaratory Judgment Act Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir. 1994) (citing 28 U.S.C. § 2201 ). “[H]owever . . . courts may not exercise this discretionary power in the absence of an ‘actual controversy’ between the parties.” Id.
discussed Cited as authority (rule) Progressive Northern Insurance Company v. North
S.D. Ill. · 2023 · confidence medium
“It must be a real and substantial controversy admitting of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon a hypothetical set of facts.” Deveraux v. City of Chicago, 14 F.3d 328, 331 (7th Cir. 1994).
cited Cited as authority (rule) Nosal v. Rich Products Corporation
N.D. Ill. · 2023 · confidence medium
Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir. 1994).
cited Cited as authority (rule) Bost v. Illinois State Board of Elections
N.D. Ill. · 2023 · confidence medium
Deveraux v. City of Chicago, 14 F.3d 328, 331 (7th Cir. 1994).
discussed Cited as authority (rule) Mogan v. CITY OF CHICAGO
N.D. Ill. · 2022 · confidence medium
State Police, 15 F.4th 801, 807 (7th Cir. 2021) (“Article III limits the jurisdiction of federal courts to ‘Cases’ or ‘Controversies.’” (citation omitted)); Deveraux v. City of Chi., 14 F.3d 328, 330 (7th Cir. 1994) (“[T]he Declaratory Judgment Act ‘expands the scope of available remedies’ and permits persons ‘to seek a declaration of the constitutionality of the disputed government action.’ It is also true, however, that courts may not exercise this discretionary power in the absence of an ‘actual controversy’ between the parties.” (citations omitted)).
discussed Cited as authority (rule) Chosen Consulting LLC v. Town Council of Highland, Indiana
N.D. Ind. · 2022 · confidence medium
However, I may not intervene in the “absence of an ‘actual controversy’ between the parties.” Devereaux v. City of Chicago, 14 F.3d 328, 330 (7th Cir. 1994); Crowley Cutlery Co. v. United States, 849 11 F.2d 273, 276 (7th Cir. 1988) (“[T]he declaratory-judgment statute cannot amend Article III.”).
cited Cited as authority (rule) Ortiz v. Foxx
N.D. Ill. · 2022 · confidence medium
Deveraux v. City of Chicago, 14 F.3d 328, 331 (7th Cir. 1994).
discussed Cited as authority (rule) Wells Fargo Clearing Services, LLC v. Prudential Annuities Life Assurance Corporation
N.D. Ill. · 2022 · confidence medium
Thus, when “nothing in the declaratory judgment plaintiffs seek would bind [the defendant] or alter the legal relationship of the parties,” a court “properly dismiss[es] plaintiffs’ action for failure to allege a case or controversy.” Deveraux v. City of Chicago, 14 F.3d 328, 331 (7th Cir. 1994).
discussed Cited as authority (rule) Mogan v. CITY OF CHICAGO
N.D. Ill. · 2022 · confidence medium
See White, 15 F.4th at 807 (“Article III limits the jurisdiction of federal courts to ‘Cases’ or ‘Controversies.”” (citation omitted)); Deveraux v. City of Chi., 14 F.3d 328, 330 (7th Cir. 1994) (“[T]he 11 As with Mogan’s equal protection claim, any amendment would be futile because, given that the Ordinance does not infringe on a fundamental right and does pass the rational basis test, no conceivable basis exists for such a substantive due process claim.
cited Cited as authority (rule) Deborah Amling v. Harrow Industries, LLC
7th Cir. · 2019 · confidence medium
Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir. 1994).
cited Cited as authority (rule) Deborah Amling v. Harrow Industries, LLC
7th Cir. · 2019 · confidence medium
Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir. 1994).
discussed Cited as authority (rule) Sunnybrook LP v. City of Alton, Illinois
S.D. Ill. · 2019 · confidence medium
III of the Constitution depends on the existence of a case or controversy,” and “a federal court [lacks] the power to render advisory opinions.” Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir. 1994).
cited Cited as authority (rule) United States v. Leo Stoller
7th Cir. · 2019 · confidence medium
Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir. 1994).
cited Cited as authority (rule) United States v. Leo Stoller
7th Cir. · 2019 · confidence medium
Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir. 1994).
cited Cited as authority (rule) United States v. Leo Stoller
7th Cir. · 2019 · confidence medium
Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir. 1994).
discussed Cited as authority (rule) Murillo v. Kohl's Corp.
E.D. Wis. · 2016 · confidence medium
“The Declaratory Judgment Act gives courts of the United States discretionary power to issue declarations regarding ‘the rights and other legal relations of any interested party seeking such declaration.’ ” Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir.1994) (citing 28 U.S.C. § 2201 ). “[Hjowever,, .courts may not exercise this discretionary power in the absence of an ‘actual controversy’ between the parties.” Id, “The controversy must be definite and concrete, touching the legal relations of parties having adverse legal interests.” MedImmune, Inc. v, Genentech, I…
discussed Cited as authority (rule) Constitution Party v. Cortes
E.D. Pa. · 2015 · confidence medium
In considering the validity of Section 2937, I am mindful that this is an action for declaratory judgment. “[T]he Declaratory Judgment Act ‘expands the scope of available remedies’ and permits persons ‘to seek a declaration of the constitutionality of the disputed government action.’ ” Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir.1994) (citing Duke Power Co. v. Carolina Environmental Study Group, Inc., 438 U.S. 59 , 71 n. 15, 98 S.Ct. 2620 , 57 L.Ed.2d 595 (1978)).
cited Cited as authority (rule) Square Ring, Inc. v. Soszynski (In re Soszynski)
Bankr. N.D. Ill. · 2014 · confidence medium
Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir.1994).
cited Cited as authority (rule) Hotel 71 Mezz Lender LLC v. National Retirement Fund
N.D. Ill. · 2014 · confidence medium
Deveraux v. City of Chi., 14 F.3d 328, 331 (7th Cir.1994) (quoting Aetna Life Ins.
cited Cited as authority (rule) Kawasaki Heavy Industries, Ltd. v. Bombardier Recreational Products, Inc.
7th Cir. · 2011 · confidence medium
Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir.1994) (reaffirming that federal courts do not have the power to render advisory opinions).
cited Cited as authority (rule) Stinnett v. City of Chicago
7th Cir. · 2011 · confidence medium
Deveraux v. City of Chicago, 14 F.3d 328, 331 (7th Cir.1994).
discussed Cited as authority (rule) Domino v. DIDION ETHANOL, LLC
W.D. Wis. · 2009 · confidence medium
The doctrine of ripeness “keeps federal courts in the business of resolving existing legal disputes and out of the business of offering advice on the legality of a proposed course of action.” Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir.1994).
discussed Cited as authority (rule) Wisconsin Central, Ltd. v. Shannon
7th Cir. · 2008 · confidence medium
The inquiry into ripeness is made more complicated when suit is brought under the Declaratory Judgment Act, 28 U.S.C. § 2201 , and hence seeks preemptive relief, but the ability to bring suit under that Act does not vitiate the constitutional requirement that the claim address “a case of actual controversy.” Deveraux v. City of Chicago, 14 F.3d 328, 330-31 (7th Cir.1994).
discussed Cited as authority (rule) Wisconsin Central v. Shannon, Catherine
7th Cir. · 2008 · confidence medium
The inquiry into ripeness is made more complicated when suit is brought under the Declaratory Judgment Act, 28 U.S.C. § 2201 , and hence seeks preemptive relief, but the ability to bring suit under that Act does not vitiate the constitu- tional requirement that the claim address “a case of actual controversy.” Deveraux v. City of Chicago, 14 F.3d 328, 330-31 (7th Cir. 1994).
discussed Cited as authority (rule) Edward Adams, Peggy Adams, Helen Adams v. City of Chicago (2×)
7th Cir. · 2006 · confidence medium
See, e.g., Banos v. City of Chicago, 398 F.3d 889, 890 (7th Cir.2005) (minority sergeants challenged 1998 promotions to lieutenant); Allen v. City of Chicago, 351 F.3d 306, 307 (7th Cir.2003) (minority officers challenged 1998 promotions to sergeant); Barnhill v. City of Chicago, 142 F.Supp.2d 948, 950 (N.D.Ill.2001) (white male officers challenged 1998 promotions to sergeant); Bryant v. City of Chicago, 200 F.3d 1092, 1094 (7th Cir.2000) (minority sergeants challenged 1994 promotions to lieutenant); Deveraux v. City of Chicago, 14 F.3d 328, 331 (7th Cir.1994) (sergeants and lieutenants challe…
discussed Cited as authority (rule) Adams, Edward v. City of Chicago
7th Cir. · 2006 · confidence medium
Ill. 2001) (white male officers challenged 1998 promotions to sergeant); Bryant v. City of Chicago, 200 F.3d 1092, 1094 (7th Cir. 2000) (minority sergeants challenged 1994 promotions to lieutenant); Deveraux v. City of Chicago, 14 F.3d 328, 331 (7th Cir. 1994) (sergeants and lieutenants challenged Chicago’s retiring of previous promotional roster); United States v. City of Chicago, 870 F.2d 1256, 1257-58 (7th Cir. 1989) (white female sergeants challenged 1988 promotions to lieutenant); Bigby v. City of Chicago, 766 F.2d 1053, 1055 (7th Cir. 1985) (minority and white sergeants challenged 1977…
discussed Cited as authority (rule) Continental Casualty Co. v. Southern Co.
N.D. Ill. · 2003 · confidence medium
The case or controversy requirement “keeps federal courts in the business of resolving existing legal disputes and out of the business of offering advice on the legality of a proposed course of action.” Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir.1994).
cited Cited as authority (rule) In Re Linc Capital, Inc.
Bankr. N.D. Ill. · 2002 · confidence medium
Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir.1994) (language of statute tracks Article III to avoid unconstitutionality).
discussed Cited as authority (rule) Johnson v. ROHR-VILLE MOTORS, INC.
N.D. Ill. · 1999 · confidence medium
The issue in the case at bar is whether the judgment would settle the controversy by clarifying the legal relations at issue. 1 *740 Defendant Western is correct in stating that this court should not issue an advisory opinion, because of the concern that courts are “offering advice on the legality of a proposed course of action.” Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir.1994).
discussed Cited as authority (rule) Stewart v. Taylor (2×) also: Cited "see"
S.D. Ind. · 1997 · confidence medium
The Declaratory Judgment Act gives courts of the United States discretionary power to issue declarations regarding “the rights and other legal relations of any interested party seeking such declarations.” 28 U.S.C. § 2201 . 4 See Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir.1994).
discussed Cited as authority (rule) Ferreira v. Dubois (2×) also: Cited "see"
D. Mass. · 1996 · confidence medium
Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir.1994).
examined Cited as authority (rule) Gnb Battery Technologies, Incorporated, Formerly Known as Gnb, Incorporated and Gnb Industrial Battery Company v. Gould, Incorporated (4×) also: Cited "see, e.g."
7th Cir. · 1995 · confidence medium
Co. of America, 316 U.S. 491, 494 , 62 S.Ct. 1173, 1175 , 86 L.Ed. 1620 (1942) ("Although the District Court had jurisdiction of the suit under the Federal Declaratory Judgments Act ..., it was under no compulsion to exercise that jurisdiction.”); Deveraux v. City of Chicago, 14 F.3d 328, 330 (5th Cir.1994) (noting district court’s discretion and stating, "It is also true, however, that courts may not exercise their discretionary power in the absence of an ‘actual controversy' between the parties”); Atlanta Int’l Ins.
discussed Cited as authority (rule) American Home Assurance Company v. Steven Stone, Sheila Hall, Peter Hall, Brandon Hall, and Devin Hall
7th Cir. · 1995 · confidence medium
Co. v. Haworth, 300 U.S. 227, 241 , 57 S.Ct. 461, 464 , 81 L.Ed. 617 (1937) (holding that the Declaratory Judgment Act only authorizes courts to resolve actual controversies, not to render an advisory opinion given a hypothetical set of facts); Deveraux v. City of Chicago, 14 F.3d 328, 330-31 (7th Cir.1994).
discussed Cited as authority (rule) Nationwide Insurance v. Zavalis
7th Cir. · 1995 · confidence medium
Co. v. American Power Conversion Corp., 46 F.3d 624, 627 (7th Cir.1995); Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir.1994)), nor does it supply the court with subject matter jurisdiction (Lawline v. American Bar Ass'n, 956 F.2d 1378, 1387 (7th Cir.1992), cert. denied, --- U.S. ----, 114 S.Ct. 551 , 126 L.Ed.2d 452 (1993)).
discussed Cited as authority (rule) Nationwide Insurance v. Zavalis
7th Cir. · 1995 · confidence medium
Co. v. American Power Conversion Corp., 46 F.3d 624, 627 (7th Cir.1995); Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir.1994)), nor does it supply the court with subject matter jurisdiction (Lawline v. American Bar Ass’n, 956 F.2d 1378, 1387 (7th Cir.1992), cert. denied, — U.S. -, 114 S.Ct. 551 , 126 L.Ed.2d 452 (1993)).
discussed Cited as authority (rule) Nucor Corporation v. Aceros Y Maquilas De Occidente, S.A. De C.V.
7th Cir. · 1994 · confidence medium
Reno v. Catholic Social Servs., Inc., — U.S. -, -, 113 S.Ct. 2485, 2495 , 125 L.Ed.2d 38 (1993) (citing Abbott Lab. v. Gardner, 387 U.S. 136, 148 , 87 S.Ct. 1507, 1515 , 18 L.Ed.2d 681 (1967)); Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir.1994). “[A] suit for declaratory judgment aimed solely at wresting the choice of forum from the ‘natural’ plaintiff will normally be dismissed and the case allowed to proceed in the usual way.” Allendale Mut.
discussed Cited "see" Owens v. St. Anthony Medical Center, Inc.
N.D. Ill. · 2018 · signal: see · confidence high
See Deveraux v. City of Chicago, 14 F.3d 328, 331 (7th Cir. 1994) (holding that a declaratory judgment claim seeking to establish the constitutionality of a seniority roster was not justiciable where the city had voluntarily abandoned the use of the roster).
cited Cited "see" Chicago Regional Council of Carpenters Pension Fund v. Schal Bovis, Inc.
7th Cir. · 2016 · signal: see · confidence high
See Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir. 1994).
cited Cited "see" Duehning v. Aurora East Unified School School District 131
N.D. Ill. · 2015 · signal: see · confidence high
See Deveraux v. City of Chi, 14 F.3d 328, 330 (7th Cir.1994). • The DJA’s “actual controversy requirement is equivalent to Article Ill’s case-or-controversy requirement.
discussed Cited "see" Lekas, Christopher v. Briley, Kenneth
7th Cir. · 2005 · signal: see · confidence high
See Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir. 1994) (“[C]ourts may not exercise [their] discretionary power [to issue declarations under the Declaratory Judgment Act)] in the absence of an ‘actual controversy’ between the parties.”); see also U.S. CONST.
discussed Cited "see" Christopher Lekas v. Kenneth Briley
7th Cir. · 2005 · signal: see · confidence high
See Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir.1994) (“[Cjourts may not exercise [their] discretionary power [to issue declarations under the Declaratory Judgment Act ] in the absence of an ‘actual controversy’ between the parties.”); see also U.S. CONST.
discussed Cited "see" Moriarty, Thomas J. v. Pepper, George
7th Cir. · 2001 · signal: see · confidence high
See Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir.1994) (citing U.S. National Bank of Oregon v. Independent Insurance Agents, 508 U.S. 439, 446 , 113 S.Ct. 2173 , 124 L.Ed.2d 402 (1993)) (The Supreme Court has said that “[t]he exercise of judicial power under Art.
discussed Cited "see" Thomas J. Moriarty, Trustee, on Behalf of the Trustees of the Local Union No. 727 I.B.T. Pension Trust and the Trustees of the Teamsters Local Union No. 727 Health and Welfare Trust v. George Pepper, Individually, as Sole Proprietor of Hills Funeral Home, and Hills Funeral Home, Ltd.
7th Cir. · 2001 · signal: see · confidence high
See Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir. 1994) (citing U.S. National Bank of Oregon v. Independent Insurance Agents, 508 U.S. 439, 446 (1993)) (The Supreme Court has said that "[t]he exercise of judicial power under Art.
cited Cited "see" Donald A. Statland and Iris R. Statland v. United States
7th Cir. · 1999 · signal: see · confidence high
See Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir.1994).
discussed Cited "see" John N. Basic, Sr. v. Fitzroy Engineering, Ltd.
7th Cir. · 1997 · signal: see · confidence high
See Crowley Cutlery Co. v. United States, 849 F.2d 273, 276 (7th Cir.1988)." Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir.1994). 21 Whether the case presents a justiciable controversy depends upon "whether ... there is a substantial controversy, between parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment." Maryland Cas.
cited Cited "see" Basic v. Fitzroy Engineering, Ltd.
N.D. Ill. · 1996 · signal: see · confidence high
See Crowley Cutlery Co. v. United States, 849 F.2d 273, 276 (7th Cir.1988).” Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir.1994).
discussed Cited "see, e.g." Christopher Michael Schultz and Alyssa Schultz
Bankr. E.D. Wash. · 2021 · signal: see, e.g. · confidence medium
See, e.g., Deveraux v. City of Chicago, 14 F.3d 328, 330 (7th Cir. 1994) (“The ‘case or controversy’ requirement protects the principle of separation of powers and properly limits the role of the judiciary in a democratic society.
discussed Cited "see, e.g." Peggy L. ADAMS, John P. Aguinaga, Percy Allen, Jr., Et Al., Plaintiffs-Appellants, v. CITY OF CHICAGO, Defendant-Appellee
7th Cir. · 1998 · signal: see, e.g. · confidence low
See, e.g., Deveraux v. City of Chicago, 14 F.3d 328 (7th Cir.1994) (challenging lieutenant and sergeant promotions); Auriemma v. Rice, 957 F.2d 397 (7th Cir.1992) (demotions alleged to be racially motivated); United States v. City of Chicago, 870 F.2d 1256 (1989) (challenging lieutenant promotions); and Bigby v. City of Chicago, 766 F.2d 1053 (7th Cir.1985) (same).
Retrieving the full opinion text from the archive…
63 Fair empl.prac.cas. (Bna) 1013, 63 Empl. Prac. Dec. P 42,839 James P. Deveraux
v.
the City of Chicago
Kenneth N. Flaxman, Chicago, IL (argued), for plaintiffs-appellants., Sarah Vanderwicken, Despres, Schwartz & Geoghegan, Lawrence Rosenthal, Deputy Corp. Counsel, Kelly R. Welsh, Asst. Corp. Counsel, Benna R. Solomon (argued), Office of Corp. Counsel, Appeals Div., Chicago, IL, for defendant-appellee.
Flaum, Easterbrook, Skinner.
Cited by 57 opinions  |  Published
FLAUM, Circuit Judge.

The sole question in this case is whether the district court properly dismissed plaintiffs’ suit against the City of Chicago (“the City”) seeking a declaratory judgment that further use of promotional rosters for police sergeant and lieutenant would not violate Section 106 of the Civil Rights Act of 1991 (“the Act”). Dismissal was granted on two grounds: (1) plaintiffs failed to state a claim for deprivation of procedural due process, and (2) plaintiffs failed to allege' a ease of actual controversy cognizable by a federal court. We agree that this ease does not raise an “actual controversy” and we therefore affirm the judgment of the district court on that basis without reaching the question of whether the plaintiffs failed to state a claim.

I.

Plaintiffs are Chicago Police Department sergeants and patrol officers who allegedly rank at the top of the City’s most recent promotional rosters. These rosters were prepared from tests comprising several components, the results of which had a severe adverse impact on minority candidates. To eliminate the disparate racial impact, and to comply with consent decrees entered in United States v. City of Chicago, 73 C 2080, and Bigby v. City of Chicago, 80 C 5246, the City employed a scoring'device called standardization which raises the mean test scores of minority applicants to the mean of the majority. Cf. Luddington v. Indiana Bell Telephone Co., 966 F.2d 225, 229 (7th Cir.1992). Plaintiffs allege that the City made promotions from these rosters from 1988 to 1991. Congress then enacted § 106 of the Civil Rights Act of 1991 [1] making race-based scoring procedures unlawful, at least in some circumstances. Subsequently, the City, apprehending the risk of liability for violating § 106, retired the standardized promotional rosters.

On July 1, 1992, plaintiffs filed a complaint seeking a declaratory judgment that further use of the standardized promotional rosters for police sergeant and lieutenant would not violate § 106 of the Civil Rights Act of 1991. Plaintiffs alleged that the City’s refusal to use the rosters because of a misinterpretation of law — namely, that § 106 retroactively invalidates the rosters — denies them due process of law. The City filed a motion to dismiss the complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and[*330] 12(b)(6). Plaintiffs, of course, opposed the City’s motion and filed their own “cross motion for summary judgment.” The district court denied plaintiffs’ cross-motion and entered judgment dismissing the case for want of jurisdiction. In so doing, the court noted that plaintiffs’ declaratory judgment action failed to state a due process claim, thereby depriving the court of subject matter jurisdiction. In addition, the court held that plaintiffs failed to allege a case of actual controversy because even a ruling that the 1991 Act does not apply to the rosters at issue would not require the City to make promotions from those rosters. Plaintiffs appeal from this judgment. We affirm.

II.

We review the grant of a motion to dismiss for lack of jurisdiction under a de novo standard. Underwood v. Venango River Corp., 995 F.2d 677, 679 (7th Cir.1993). We examine first whether dismissal was proper for failure to allege a “case of actual controversy” under the Declaratory Judgment Act. The Supreme Court recently has reminded us that “[t]he exercise of judicial power under Art. Ill of the Constitution depends on the existence of a case or controversy,” and “a federal court [lacks] the power to render advisory opinions.” U.S. National Bank of Oregon v. Independent Insurance Agents, — U.S. —, —, 113 S.Ct. 2173, 2178, 124 L.Ed.2d 402 (1993) (citing Preiser v. Newkirk, 422 U.S. 395, 401, 95 S.Ct. 2330, 2334, 45 L.Ed.2d 272 (1975)). The “case or controversy” requirement protects the principle of separation of powers and properly limits the role of the judiciary in a democratic society. Allen v. Wright, 468 U.S. 737, 750, 104 S.Ct. 3315, 3324, 82 L.Ed.2d 556 (1984). In essence, the requirement keeps federal courts in the business of resolving existing legal disputes and out of the business of offering advice on the legality of a proposed course of action. See Crowley Cutlery Co. v. United States, 849 F.2d 273, 276 (7th Cir.1988).

The Declaratory Judgment Act [2] gives courts óf the United States discretionary power to issue declarations regarding “the rights and other legal relations of any interested party seeking such declaration.” 28 U.S.C. § 2201. As plaintiffs correctly assert, the Declaratory Judgment Act “expands the scope of available remedies” and permits persons “to seek a declaration of the constitutionality of the disputed government action.” Duke Power Co. v. Carolina Environmental Study Group, Inc., 438 U.S. 59, 71 n. 15, 98 S.Ct. 2620, 2629 n. 15, 57 L.Ed.2d 595 (1978). It is also true, however, that courts may not exercise this discretionary power in the absence of an “actual controversy” between the parties. 28 U.S.C. § 2201. This statutory language “tracks the ‘eases’ or ‘controversies’ requirement of Article III, [and] saves the statute from unconstitutionally expanding the federal courts’ jurisdiction.” Harris Trust and Savings Bank v. E-II Holdings, Inc., 926 F.2d 636, 639 (7th Cir.1991) (citing Aetna Life Insurance Co. v. Haworth, 300 U.S. 227, 57 S.Ct. 461, 81 L.Ed. 617 (1937)); see also Crowley Cutlery, 849 F.2d at 276 (“[T]he declaratory-judgment statute cannot amend Article III.”). In other words, the Declaratory Judgment Act only authorizes courts to grant relief “which is consonant with the exercise of the judicial function in the determination of controversies to which under the Constitution the judicial power extends.” Aetna Life, 300 U.S. at 240, 57 S.Ct. at 463. To be sure, the distinction between a “controversy” in the Article III sense and an abstract question of law “is necessarily one of degree, and it would be difficult, if it would' be possible, to fashion a precise test for determining in every case whether there is such a controversy.” Maryland Casualty Co. v. Pacific Coal & Oil Co., 312 U.S. 270, 273, 61 S.Ct. 510, 512, 85 L.Ed. 826 (1941). Nevertheless, in Aetna Life the Supreme Court at least outlined the[*331] broad parameters of a justiciable controversy:

The controversy must be definite and concrete, touching the legal relations of parties having adverse legal interests, [citations omitted]. It must be a real and substantial controversy admitting of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon a hypothetical set of facts.

300 U.S. at 240-241, 57 S.Ct. at 463-64.

In this ease, plaintiffs seek a declaratory judgment that the City of Chicago would not violate § 106 of the Civil Rights Act of 1991 if it continued to use existing rosters in promoting police sergeant and lieutenant candidates. The City itself takes no position with respect to the scope or application of § 106. In fact, the City submits that it has no interest in forwarding either an expansive or restrictive reading of § 106 because both would limit its flexibility as an employer. In light of the current ambiguity surrounding § 106, and faced with litigation from proponents of both positions, the City simply chose to retire the existing rosters rather than defend them in court. [3] The crux of plaintiffs’ claim is that they have a “confident expectation of promotion” if the City were to reinstate the now-retired rosters. However, as plaintiffs’ counsel acknowledged at oral argument, neither state nor federal law obligates the City to continue using these rosters. Even if the City were to admit, or if this court were to declare, that plaintiffs’ had the correct view of § 106, the City still would be entitled to discard the old rosters and develop new ones. [4] Thus, because nothing in the declaratory judgment plaintiffs seek would bind the City or alter the legal relationship of the parties, we conclude that the district court properly dismissed plaintiffs’ action for failure to allege a case or controversy.

m.

Article III prohibits federal courts from issuing advisory opinions such as that sought by plaintiffs here. We need not consider whether plaintiffs also failed to state a claim under the due process clause because their failure to satisfy the “case or controversy” requirement of Article III required dismissal. The judgment of the district court is

AFFIRMED.

1

. Section 106 of the Civil Rights Act of 1991 states:

It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of employment related tests on the basis of race, color, religion, sex, or national origin.

42 U.S.C. § 2000e-2(l).

2

. The Declaratory Judgment Act states:

In a case of actual controversy within its jurisdiction ... 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.

28 U.S.C. § 2201.

3

. The City submits that the age of the rosters at issue and the limited operational need for additional promotions in the near term also support the decision to retire the rosters.

4

. The City in fact alleges that it is in the process of developing new rosters.