502us2$26I 01-22-99 08:32:58 PAGES OPINPGT
Cite as: 502 U. S. 367 (1992)
407
Stevens, J., dissenting
tinued growth in inmate population to be within petitioners’ contemplation.
Other important concerns counsel against modification of
this consent decree. Petitioners’ history of noncompliance
after the 1973 injunction provides an added reason for insisting that they honor their most recent commitments. Petitioners’ current claims of fiscal limitation are hardly new.
These pleas reflect a continuation of petitioners’ previous reluctance to budget funds adequate to avoid the initial constitutional violation or to avoid prolonged noncompliance with
the terms of the original decree. The continued claims of
financial constraint should not provide support for petitioners’ modification requests.7
The strong public interest in protecting the finality of
court decrees always counsels against modifications. Cf.
Teague v. Lane, 489 U. S. 288, 308–310 (1989) (plurality opinion); Mackey v. United States, 401 U. S. 667, 682–683 (1971)
(Harlan, J., concurring in judgments in part and dissenting
in part). In the context of a consent decree, this interest is
reinforced by the policy favoring the settlement of protracted litigation. To the extent that litigants are allowed
to avoid their solemn commitments, the motivation for particular settlements will be compromised, and the reliability
of the entire process will suffer.
7
The Court refers to the need to “keep the public interest in mind”
when deciding whether to modify a decree. Ante, at 392. It is certainly
true that when exercising their equitable powers, courts should properly
consider the interests of the “public.” See Brown v. Board of Education,
349 U. S. 294, 300 (1955). It must be noted, however, that a remedial
decree may well contain provisions that are unpopular; a requirement of
additional expenditures to improve jail conditions might be an example of
such an unpopular order. Mere unpopularity does not constitute a sufficient reason for modification. As the Court explained in Brown: “Courts
of equity may properly take into account the public interest . . . . But it
should go without saying that the vitality of these constitutional principles
cannot be allowed to yield simply because of disagreement with them.”
Ibid.
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