370
Syllabus
changed circumstances. A modification must not perpetuate or create a constitutional violation. Thus, if respondents are correct that Bell is factually distinguishable and that double celling at the new jail would violate pretrial detainees' constitutional rights, modification should not be granted. Because a consent decree is a final judgment that may be reopened only to the extent that equity requires, a proposed modification should not strive to rewrite the decree so that it conforms to the constitutional floor, but should merely resolve the problems created by the change. Within these constraints, the public interest and considerations of comity require that the district court defer to local government administrators to resolve the intricacies of implementing a modification. Although financial constraints may not be used to justify constitutional violations, they are a legitimate concern of government defendants in institutional reform litigation and therefore are appropriately considered in tailoring a modification. Pp. 390-393. 915 F. 2d 1557, vacated and remanded.
White, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, and Souter, JJ., joined. O'Connor, J., filed an opinion concurring in the judgment, post, p. 393. Stevens, J., filed a dissenting opinion, in which Blackmun, J., joined, post, p. 399. Thomas, J., took no part in the consideration or decision of the cases.
Chester A. Janiak argued the cause for petitioners in No. 90-954. With him on the briefs were Thomas D. Burns, Peter J. Schneider, Ann E. Merryfield, and Robert C. Rufo, pro se. John T. Montgomery, First Assistant Attorney General of Massachusetts, argued the cause for petitioner in No. 90-1004. With him on the briefs were Scott Harshbarger, Attorney General, and Jon Laramore, Thomas A. Barnico, and Douglas H. Wilkins, Assistant Attorneys General.
Max D. Stern argued the cause for respondents in both cases. With him on the brief were Lynn Weissberg and Alan B. Morrison.†
†Briefs of amici curiae urging reversal were filed for the State of New York by Robert Abrams, Attorney General, O. Peter Sherwood, Solicitor General, Lawrence S. Kahn, Deputy Solicitor General, and Barbara B. Butler, Assistant Attorney General; for the State of Tennessee et al. by Charles W. Burson, Attorney General of Tennessee, Michael W. Catalano, Deputy Attorney General, Joel I. Klein, Paul M. Smith, and Richard G.
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