502us2$26I 02-19-99 14:01:15 PAGES OPINPGT
Cite as: 502 U. S. 367 (1992)
405
Stevens, J., dissenting
IV
The motion to modify that ultimately led to our grant of
certiorari was filed on July 17, 1989. As I view these cases,
the proponents of that motion had the burden of demonstrating that changed conditions between 1985 and 1989 justified
a further modification of the consent decree. The changes
that occurred between 1979 and 1985 were already reflected
in the 1985 modification. Since petitioners acquiesced in
that modification, they cannot now be heard to argue that
pre-1985 developments—either in the law or in the facts—
provide a basis for modifying the 1985 order. It is that
order that defined petitioners’ obligation to construct and to
operate an adequate facility.
Petitioners’ reliance on Bell v. Wolfish, 441 U. S. 520 (1979),
as constituting a relevant change in the law is plainly
misplaced. That case was pending in this Court when the
consent decree was entered in 1979. It was the authority
on which the sheriff relied when he sought permission to
double cell in 1984, and, of course, it was well known to all
parties when the decree was modified in 1985. It does not
qualify as a changed circumstance.5
room shall contain high quality washing and clothes drying equipment,
sink, sorting table, storage and ironing board.’ ” Id., at 17a, 18a.
5
As the Court agrees that Bell v. Wolfish did not constitute a change in
law requiring modification of the decree, see ante, at 388, the Court does
not define further the kind of changes in law that may merit modification.
In particular, the Court has no occasion to draw a distinction between the
type of change in law recognized in Railway Employes v. Wright, 364
U. S. 642 (1961), and the change in law that petitioners assert was effected
by Bell. The distinction is nevertheless significant and deserves mention.
In Railway Employes, the plaintiffs originally brought suit, alleging that
a railroad and its unions discriminated against nonunion employees, a
practice prohibited by the Railway Labor Act, 45 U. S. C. § 151 et seq.
The defendants entered into a consent decree, promising to refrain from
such discrimination. When Congress subsequently amended the Act to
permit union shops, the Court concluded that a modification allowing union
shops should be granted so as to further the statutory purpose. In contrast to the situation presented in Railway Employes, it cannot be con-
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