concurring.
I join in Chief Judge Boudin’s excellent opinion for the majority, but I also note my subscription to Judge Lipez’s narrower concurrence. The two are not in conflict. The majority’s opinion recognizes the possible validity of Judge Lipez’s belief that the court here lacks jurisdiction to grant declaratory relief. I happen to think Judge Lipez is right, and, if so, that of course ends the matter. But even apart from the correctness of his approach, I agree with Chief Judge Boudin’s alternative analysis which leads to the same outcome.