U.S. Senator Lamar Alexander (R-Tenn.) and U.S. Representative Roy Blunt (R-Mo.) have introduced legislation to curtail and amend federal court consent decrees. Such decrees, often running for many years or even decades, subject the state administration of federal programs (for example, Medicaid and environmental policies) to ongoing judicial oversight and management. Supporters of the legislation argue that consent decrees violate federalism principles and often bind state legislatures and local officials to “locked in” policies long after the original offense could have been addressed by legislative or administrative means. Opponents object that the proposed legislation threatens both judicial independence and the litigants’ statutory rights.

Do consent decrees require a narrower scope? Should legislation mandate a timetable for the modification and dissolution of consent decrees? Panelists will discuss consent decrees and the proper balance between the federal judiciary and state authority.