Agostini v. Felton, 521 U.S. 203, 54 (1997)

Page:   Index   Previous  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  Next

256

AGOSTINI v. FELTON

Ginsburg, J., dissenting

tion of Aguilar contend otherwise. See, e. g., ante, at 238; Tr. of Oral Arg. 11 (acknowledgment by counsel for the United States that "we do not know of another instance in which Rule 60(b) has been used in this way"). The Court makes clear, fortunately, that any future efforts to expand today's ruling will not be favored. See ante, at 238-239. I therefore anticipate that the extraordinary action taken in this case will remain aberrational.

Rule 60(b) provides, in relevant part:

"On motion and upon such terms as are just, the [district] court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: . . . (5) . . . it is no longer equitable that the judgment should have prospective application."

Under that Rule, a district court may, in its discretion, grant relief from a final judgment with prospective effect if the party seeking modification can show "a significant change either in factual conditions or in law" that renders continued operation of the judgment inequitable. Rufo v. Inmates of Suffolk County Jail, 502 U. S. 367, 384 (1992) (addressing modification of consent decree in institutional-reform setting); see 12 J. Moore, Moore's Federal Practice § 60.47[2][c], pp. 60-163 to 60-166 (3d ed. 1997); 11 C. Wright, A. Miller, & M. Kane, Federal Practice and Procedure § 2863, pp. 336-347 (2d ed. 1995) (hereinafter Wright, Miller, & Kane).

Appellate courts review denials of Rule 60(b) motions for abuse of discretion. See Browder v. Director, Dept. of Corrections of Ill., 434 U. S. 257, 263, n. 7 (1978); Railway Employees v. Wright, 364 U. S. 642, 648-650 (1961). As we recognized in our unanimous opinion in Browder, "an appeal from denial of Rule 60(b) relief does not bring up the underlying judgment for review." 434 U. S., at 263, n. 7. For in this context,

"[w]e are not framing a decree. We are asking ourselves whether anything has happened that will justify

Page:   Index   Previous  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  Next

Last modified: October 4, 2007