502us2$26D 01-22-99 08:32:58 PAGES OPINPGT
Cite as: 502 U. S. 367 (1992)
389
Opinion of the Court
Neither Bell nor the Federal Constitution forbade this
course of conduct. Federal courts may not order States or
local governments, over their objection, to undertake a
course of conduct not tailored to curing a constitutional violation that has been adjudicated. See Milliken v. Bradley
(Milliken II), 433 U. S. 267, 281 (1977). But we have no
doubt that, to “save themselves the time, expense, and inevitable risk of litigation,” United States v. Armour & Co., 402
U. S. 673, 681 (1971), petitioners could settle the dispute over
the proper remedy for the constitutional violations that had
been found by undertaking to do more than the Constitution
itself requires (almost any affirmative decree beyond a directive to obey the Constitution necessarily does that), but also
more than what a court would have ordered absent the settlement. Accordingly, the District Court did not abuse its
discretion in entering the agreed-upon decree, which clearly
was related to the conditions found to offend the Constitution. Milliken v. Bradley (Milliken I), 418 U. S. 717, 738
(1974). See also Dowell, 498 U. S., at 246–248. Cf. Firefighters v. Cleveland, 478 U. S. 501, 525 (1986).12
To hold that a clarification in the law automatically opens
the door for relitigation of the merits of every affected consent decree would undermine the finality of such agreements
and could serve as a disincentive to negotiation of settlements in institutional reform litigation. The position urged
by petitioners
12
Petitioner Rapone contends that the District Court was required to
modify the consent decree because “the constitutional violation underlying
the decree has disappeared and will not recur” and that “no constitutional
violation [is] even alleged” at the new jail, “so there is no constitutional
violation to serve as a predicate for the federal court’s continued exercise
of its equitable power.” Brief for Petitioner in No. 90–1004, pp. 36–37.
His argument is not well taken. The District Court did not make findings
on these issues, and even if it had ruled that double celling at the new jail
is constitutional and that the modification should be granted, we do not
have before us the question whether the entire decree should be vacated.
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