502us2$26D 01-22-99 08:32:58 PAGES OPINPGT
380
RUFO v. INMATES OF SUFFOLK COUNTY JAIL
Opinion of the Court
right to exact revision in the future, if revision should
become necessary in adaptation to events to be.” 286
U. S., at 114–115.
Our decisions since Swift reinforce the conclusion that the
“grievous wrong” language of Swift was not intended to take
on a talismanic quality, warding off virtually all efforts to
modify consent decrees. Railway Employes emphasized
the need for flexibility in administering consent decrees,
stating: “There is . . . no dispute but that a sound judicial
discretion may call for the modification of the terms of an
injunctive decree if the circumstances, whether of law or
fact, obtaining at the time of its issuance have changed, or
new ones have since arisen.” 364 U. S., at 647.
The same theme was repeated in our decision last Term in
Board of Ed. of Oklahoma City Public Schools v. Dowell,
498 U. S. 237, 246–248 (1991), in which we rejected the rigid
use of the Swift “grievous wrong” language as a barrier to
a motion to dissolve a desegregation decree.
There is thus little basis for concluding that Rule 60(b)
misread the Swift opinion and intended that modifications of
consent decrees in all cases were to be governed by the
standard actually applied in Swift. That Rule, in providing
that, on such terms as are just, a party may be relieved from
a final judgment or decree where it is no longer equitable
that the judgment have prospective application, permits a
less stringent, more flexible standard.
The upsurge in institutional reform litigation since Brown
v. Board of Education, 347 U. S. 483 (1954), has made the
ability of a district court to modify a decree in response to
changed circumstances all the more important. Because
such decrees often remain in place for extended periods of
time, the likelihood of significant changes occurring during
the life of the decree is increased. See, e. g., Philadelphia
Welfare Rights Organization v. Shapp, 602 F. 2d 1114, 1119–
1121 (CA3 1979), cert. denied, 444 U. S. 1026 (1980), in which
modification of a consent decree was allowed in light of