502us2$26D 01-22-99 08:32:58 PAGES OPINPGT
392
RUFO v. INMATES OF SUFFOLK COUNTY JAIL
Opinion of the Court
with success if the defendants had offered opposition.”
Swift, 286 U. S., at 116–117.
Within these constraints, the public interest and “[c]onsiderations based on the allocation of powers within our federal
system,” Dowell, supra, at 248, require that the district
court defer to local government administrators, who have
the “primary responsibility for elucidating, assessing, and
solving” the problems of institutional reform, to resolve the
intricacies of implementing a decree modification. Brown v.
Board of Education, 349 U. S. 294, 299 (1955). See also
Missouri v. Jenkins, 495 U. S. 33, 50–52 (1990); Milliken II,
433 U. S., at 281.14 Although state and local officers in
charge of institutional litigation may agree to do more than
that which is minimally required by the Constitution to settle a case and avoid further litigation, a court should surely
keep the public interest in mind in ruling on a request to
modify based on a change in conditions making it substantially more onerous to abide by the decree. To refuse modification of a decree is to bind all future officers of the State,
regardless of their view of the necessity of relief from one or
more provisions of a decree that might not have been entered
had the matter been litigated to its conclusion. The District
Court seemed to be of the view that the problems of the
fiscal officers of the State were only marginally relevant to
the request for modification in this case. 734 F. Supp., at
566. Financial constraints may not be used to justify the
creation or perpetuation of constitutional violations, but they
are a legitimate concern of government defendants in institu14
The concurrence mischaracterizes the nature of the deference that we
would accord local government administrators. As we have stated, see
supra, at 383, the moving party bears the burden of establishing that a
significant change in circumstances warrants modification of a consent decree. No deference is involved in this threshold inquiry. However, once
a court has determined that a modification is warranted, we think that
principles of federalism and simple common sense require the court to
give significant weight to the views of the local government officials who
must implement any modification.
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