502us2$26I 01-22-99 08:32:58 PAGES OPINPGT
402
RUFO v. INMATES OF SUFFOLK COUNTY JAIL
Stevens, J., dissenting
constitutional violation. Second, for a period of almost five
years after the entry of the 1973 injunction—which was unquestionably valid and which petitioners had waived any
right to challenge—petitioners were still violating the Constitution as well as the injunction. See Inmates of Suffolk
County Jail v. Kearney, 573 F. 2d, at 99. Third, although
respondents had already prevailed, they were willing to
agree to another postponement of the closing of the Charles
Street Jail if petitioners submitted, and the court approved,
an adequate plan for a new facility.
Obviously any plan would have to satisfy constitutional
standards. It was equally obvious that a number of features
of the plan, such as the site of the new facility or its particular architectural design, would not be constitutionally mandated. In order to discharge their duty to provide an adequate facility, and also to avoid the risk of stern sanctions
for years of noncompliance with an outstanding court order,
it would be entirely appropriate for petitioners to propose a
remedy that exceeded the bare minimum mandated by the
Constitution. Indeed, terms such as “minimum” or “floor”
are not particularly helpful in this context. The remedy is
constrained by the requirement that it not perpetuate a constitutional violation, and in this sense the Constitution does
provide a “floor.” Beyond that constraint, however, the
remedy’s attempt to give expression to the underlying constitutional value does not lend itself to quantitative evaluation. In view of the complexity of the institutions involved
and the necessity of affording effective relief, the remedial
decree will often contain many, highly detailed commands.
It might well be that the failure to fulfill any one of these
specific requirements would not have constituted an independent constitutional violation, nor would the absence of
any one element render the decree necessarily ineffective.
The duty of the District Court is not to formulate the decree
with the fewest provisions, but to consider the various interests involved and, in the sound exercise of its discretion, to
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