502us2$26D 01-22-99 08:32:58 PAGES OPINPGT
Cite as: 502 U. S. 367 (1992)
393
O’Connor, J., concurring in judgment
tional reform litigation and therefore are appropriately considered in tailoring a consent decree modification.
IV
To conclude, we hold that the Swift “grievous wrong”
standard does not apply to requests to modify consent decrees stemming from institutional reform litigation. Under
the flexible standard we adopt today, a party seeking modification of a consent decree must establish that a significant
change in facts or law warrants revision of the decree and
that the proposed modification is suitably tailored to the
changed circumstance. We vacate the decision below and
remand the cases for further proceedings consistent with
this opinion.
It is so ordered.
Justice Thomas took no part in the consideration or
decision of these cases.
Justice O’Connor, concurring in the judgment.
I agree that these cases should be remanded so that the
District Court may reconsider whether to modify the decree.
I write separately to emphasize the limited nature of our
review; to clarify why, despite our limited review, the cases
should be returned to the District Court; and to explain my
concerns with certain portions of the Court’s opinion.
I
A court may modify a final judgment, such as the judgment embodied in the consent decree at issue, where the
court finds that “it is no longer equitable that the judgment
should have prospective application.” Fed. Rule Civ. Proc.
60(b)(5). Determining what is “equitable” is necessarily a
task that entails substantial discretion, particularly in a case
like this one, where the District Court must make complex
decisions requiring the sensitive balancing of a host of fac-
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