Harper v. Virginia Dept. of Taxation, 509 U.S. 86, 48 (1993)

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96

HARPER v. VIRGINIA DEPT. OF TAXATION

Opinion of the Court

at 179 (opinion of O'Connor, J., joined by Rehnquist, C. J., and White and Kennedy, JJ.). Four other Justices rejected the plurality's "anomalous approach" to retroactivity and declined to hold that "the law applicable to a particular case is that law which the parties believe in good faith to be applicable to the case." Id., at 219 (Stevens, J., dissenting, joined by Brennan, Marshall, and Blackmun, JJ.). Finally, despite concurring in the judgment, Justice Scalia "share[d]" the dissent's "perception that prospective decisionmaking is incompatible with the judicial role." Id., at 201.

Griffith and American Trucking thus left unresolved the precise extent to which the presumptively retroactive effect of this Court's decisions may be altered in civil cases. But we have since adopted a rule requiring the retroactive application of a civil decision such as Davis. Although James B. Beam Distilling Co. v. Georgia, 501 U. S. 529 (1991), did not produce a unified opinion for the Court, a majority of Justices agreed that a rule of federal law, once announced and applied to the parties to the controversy, must be given full retroactive effect by all courts adjudicating federal law. In announcing the judgment of the Court, Justice Souter laid down a rule for determining the retroactive effect of a civil decision: After the case announcing any rule of federal law has "appl[ied] that rule with respect to the litigants" before the court, no court may "refuse to apply [that] rule . . . retroactively." Id., at 540 (opinion of Souter, J., joined by Stevens, J.). Justice Souter's view of retroactivity superseded "any claim based on a Chevron Oil analysis." Ibid. Justice White likewise concluded that a decision "extending the benefit of the judgment" to the winning party "is to be applied to other litigants whose cases were not final at the time of the [first] decision." Id., at 544 (opinion concurring in judgment). Three other Justices agreed that "our judicial responsibility . . . requir[es] retroactive application of each . . . rule we announce." Id., at 548 (Blackmun, J.,

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