plaut spendthrift farm argued november decided april civil action petitioners alleged respondents committed fraud deceit sale stock violation securities exchange act rule securities exchange commission district dismissed action prejudice following decision lampf pleva lipkind prupis petigrow gilbertson required suits petitioners commenced within one year discovery facts constituting violation within three years violation judgment became final congress enacted act provides reinstatement motion action commenced dismissed thereafter time barred action timely filed applicable state law although finding statute terms required petitioners ensuing motion granted district denied motion ground unconstitutional appeals affirmed held section contravenes constitution separation powers extent requires federal courts reopen final judgments entered enactment pp despite respondents arguments contrary reasonable construction require federal courts reopen final judgments suits dismissed prejudice virtue lampf pp article iii establishes judicial department province duty say law particular cases controversies marbury madison cranch framers crafted charter expressed understanding gives page ii federal judiciary power merely rule cases decide conclusively subject review superior courts article iii hierarchy thus constitution forbids legislature interfere courts final judgments pp section effects clear violation foregoing principle retroactively commanding federal courts reopen final judgments decisions uniformly provided fair warning retroactive legislation exceeds congressional powers see chicago southern air lines waterman petitioners correct new law makes clear retroactive appellate must apply reviewing judgments still appeal must alter outcome accordingly however judgment achieved finality highest hierarchy decision becomes last word judicial department regard particular case controversy congress may declare retroactive legislation law applicable case fact something irrelevant reopens directs reopening final judgments whole class cases rather particular suit final judgments reopened rested bar statute limitations rather ground pp apart knows instance congress attempted set aside final judgment article iii retroactive legislation fed rule civ proc app statutes issue sioux nation sampeyreac pet paramino lumber marshall pennsylvania wheeling belmont bridge distinguished congress prolonged reticence amazing interference understood constitutionally proscribed constitution separation powers rejects suggestion might constitutional exhibited prospectivity greater degree general applicability pp scalia delivered opinion rehnquist kennedy souter thomas joined breyer filed opinion concurring judgment stevens filed dissenting opinion ginsburg joined plaut spendthrift farm justice scalia delivered opinion question presented case whether securities exchange act extent requires federal courts reopen final judgments private civil actions act contravenes constitution separation powers due process clause fifth amendment petitioners brought civil action respondents district eastern district kentucky complaint alleged respondents committed fraud deceit sale stock violation securities exchange act rule securities exchange commission case mired pretrial proceedings district june decided lampf pleva lipkind prupis petigrow gilbertson lampf held itigation instituted pursuant rule must commenced within one year discovery facts constituting violation within three years violation applied holding plaut spendthrift farm lampf found suit untimely reinstated summary judgment previously entered favor ibid day decided james beam distilling georgia majority held albeit different opinions new rule federal law applied parties case announcing rule must applied well cases pending direct review see harper virginia dept taxation slip joint effect lampf beam mandate application limitations period petitioners suit district finding petitioners claims untimely lampf rule dismissed action prejudice august petitioners filed appeal judgment accordingly became final days later see supp griffith kentucky december president signed federal deposit insurance corporation improvement act stat section act section nothing fdic improvements became securities exchange act later codified supp provides effect pending causes action limitation period private civil action implied section title securities exchange act commenced june shall limitation period provided laws applicable jurisdiction including principles retroactivity laws existed june effect dismissed causes action plaut spendthrift farm private civil action implied section title commenced june dismissed time barred subsequent june timely filed limitation period provided laws applicable jurisdiction including principles retroactivity laws existed june shall reinstated motion plaintiff later days december ii respondents bravely contend require federal courts reopen final judgments arguing first reference laws applicable jurisdiction laws existed june plaut spendthrift farm day lampf decided may reasonably construed refer precisely limitations period provided lampf case petitioners action time barred even true judicial construction statute authoritative statement statute meant well decision case giving rise construction rivers roadway express slip see also slip respondents argument confuses question law fact june distinct question means reference law think entirely clear mean law enunciated lampf two independent reasons first lampf provides uniform national statute limitations instead using applicable state limitations period lower federal courts previously done see lampf supra statute referred law reference laws applicable jurisdiction emphasis added quite inexplicable second statute refers law enunciated lampf utterly without effect result avoided possible american nat red cross slip see singer sutherland statutory construction ed say subsection limitation period held limitation period subsection plaut spendthrift farm suits dismissed untimely lampf timely lampf null set shall reinstated avoid constitutional question holding congress enacted president approved blank sheet paper indeed constitute disingenuous evasion george moore ice cream rose alternative reason require reopening final judgments respondents suggest subsection applies cases still pending federal courts enacted half defect first argument makes half purposeless need reinstate actions still pending new statute limitations applied courts appeals respondents reading consequence negligible one permitting plaintiff pending appeal dismissal return immediately district instead waiting appeals reversal enable achieve insignificant consequence one must disregard language provision refers generally suits dismissed time barred perhaps arguable include suits yet finally dismissed suits still pending appeal basis contention includes short reasonable construction require federal courts reopen final judgments suits dismissed prejudice virtue lampf iii respondents submit violates separation powers due process clause plaut spendthrift farm fifth amendment latter submission correct might dictate similar result challenge state legislation fourteenth amendment former narrower ground adjudication constitutional questions case therefore consider first ashwander tva brandeis concurring conclude congress exceeded authority requiring federal courts exercise judicial power art iii manner repugnant text structure traditions article iii decisions date identified two types legislation require federal courts exercise judicial power manner article iii forbids first appears klein wall refused give effect statute said prescribe rules decision judicial department government cases pending whatever precise scope klein however later decisions made clear prohibition take hold congress amend applicable law robertson seattle audubon society section indisputably set substantive legal standards judiciary apply sense changes law even solely retroactively second type unconstitutional restriction upon exercise judicial power identified past cases exemplified hayburn case dall stands principle congress vest review decisions article iii courts officials executive branch see chicago southern air lines plaut spendthrift farm waterman yet application courts involved officials departments sit direct review decisions section therefore offends neither previously established prohibitions think however offends postulate article iii deeply rooted law mentioned article iii establishes judicial department province duty say law particular cases controversies marbury madison cranch record history shows framers crafted charter judicial department expressed understanding gives federal judiciary power merely rule cases decide subject review superior courts article iii hierarchy understanding short judgment conclusively resolves case judicial power one render dispositive judgments easterbrook presidential review case res rev retroactively commanding federal courts reopen final judgments congress violated fundamental principle framers constitution lived among ruins system intermingled legislative judicial powers prevalent colonies long revolution revolution produced factional strife partisan oppression centuries colonial assemblies legislatures functioned courts equity last resort hearing original actions providing appellate review judicial judgments wood creation american republic pp often however chose correct judicial process plaut spendthrift farm special bills enacted legislation common legislation prescribe resolution dispute rather simply set aside judgment order new trial appeal clarke parliamentary privilege american colonies see judicial action provincial legislature massachusetts harv rev collecting documents laws new hampshire including public private acts resolves votes metcalf ed thus described discussion hayburn case supra legislation bears problem interbranch review problem finality judicial judgments vigorous indeed often radical populism revolutionary legislatures assemblies increased frequency legislative correction judgments wood supra see also ins chadha powell concurring period period constitutional reaction developments leaped suddenly climax philadelphia convention corwin doctrine judicial review voices many quarters official well private decried increasing legislative interference judgments courts vermont council censors issued address council censors freemen state vermont fulfill council duty state constitution report people whether legislative executive branches government assumed exercised greater powers entitled constitution vermont state papers pp slade ed principal method usurpation identified censors instances plaut spendthrift farm judgments vacated legislative acts council delivered opinion general assembly instances vacated judgments recovered due course law except particular circumstances case evidently made necessary grant new trial exercised power delegated intended delegated constitution supercedes necessity law pleasure assembly imposition suitor give trouble obtaining several expensive trials final judgment agreeably known established laws land legislature sovereign act interfere reverse judgment decree manner unfettered rules shall think proper ibid sense sharp necessity separate legislative judicial power prompted crescendo legislative interference plaut spendthrift farm private judgments courts triumphed among framers new federal constitution see corwin progress constitutional theory declaration independence meeting philadelphia convention hist rev convention made critical decision establish judicial department independent legislative branch providing judicial power shall vested one inferior courts congress may time time ordain establish debates ratification madison jefferson hamilton wrote factional disorders disarray system legislative equity produced years framing thought separation legislative judicial power new constitution cure madison federalist famous description process legislative department every extending sphere activity drawing power impetuous vortex referred report pennsylvania council censors show state cases belonging judiciary department frequently drawn within legislative cognizance determination federalist pp cooke ed madison relied well jefferson notes state virginia mentioned one example dangerous concentration governmental powers hands legislature legislature many instances decided rights left judiciary controversy emphasis deleted plaut spendthrift farm need separation legislative judicial power plain principal effect accomplished separation even plainer hamilton wrote exegesis article iii federalist true parliament great britain legislatures particular rectify exceptionable decisions respective courts sense might done future legislature theory neither british state constitutions authorises revisal judicial sentence legislative act legislature without exceeding province reverse determination made particular case though may prescribe new rule future cases federalist cooke ed plaut spendthrift farm judicial decisions period immediately ratification constitution confirm understanding forbade interference final judgments courts calder bull dall legislature connecticut enacted statute set aside final judgment state civil case although issue construction ex post facto clause art justice iredell leading federalist guided constitution ratification north carolina noted legislature connecticut uniform uninterrupted habit exercising general superintending power courts law granting new trials may indeed appear strange us form exist power grant respect suits depending adjudged new rights trial new privileges proceeding previously recognized regulated positive institutions power judicial nature whenever exercised present instance exercise judicial legislative authority plaut spendthrift farm middle century constitutional equilibrium created separation legislative power make general law judicial power apply law particular cases well understood accepted survive even dred scott sandford first inaugural address president lincoln explained political branches need interfere even infamous judgment forget position assumed constitutional questions decided deny decisions must binding case upon parties suit object suit obviously possible decision may erroneous given case still evil effect following limited particular case plaut spendthrift farm chance may never become precedent cases better borne evils different practice basler collected works abraham lincoln first inaugural address legislature thus indirectly control action courts requiring construction law according views plain directly setting aside judgments compelling grant new trials ordering discharge offenders directing particular steps shall taken progress judicial inquiry cooley supra section effects clear violation principle discussed course retroactive legislation legislation prescribes law earlier time act whose effect controlled legislation occurred case filing initial rule action district retroactive legislation requires application case already finally adjudicated less reverse determination made particular case federalist cooke ed decisions stemming hayburn case although precise holdings strictly applicable see supra uniformly provided fair warning act exceeds powers congress see chicago southern air lines udgments within powers vested plaut spendthrift farm courts judiciary article constitution may lawfully revised overturned refused faith credit another department government wall judicial jurisdiction implies power hear determine cause congress subject judgments revision tribunal gordon opinion taney decided printed judgments article iii courts final conclusive upon rights parties hayburn case opinion wilson blair peters evision control article iii judgments radically inconsistent independence judicial power vested courts opinion iredell sitgreaves decision circumstances liable revision even suspension egislature judicial power kind appears vested see also pennsylvania wheeling belmont bridge urged act congress effect operation annul judgment already rendered rights determined thereby general proposition certainly denied especially respects adjudication upon private rights parties passed judgment right becomes absolute duty enforce today clear statements must either honored else proved false true petitioners contend congress always revise judgments article iii courts one sense new law makes clear retroactive appellate must apply law reviewing judgments still appeal rendered plaut spendthrift farm law enacted must alter outcome accordingly see schooner peggy cranch landgraf usi film products slip since petitioners argue federal courts must apply new law created finally adjudicated cases well line separates lower judgments pending appeal may still appealed judgments final determined statute see time limit appeal federal appeals possibly constitutional line distinction judgments appeals forgone completed judgments remain appeal subject appealed implicit article iii creates batch unconnected courts judicial department composed inferior courts one within hierarchy decision inferior unless time appeal expired final word department whole obligation last hierarchy rules case give effect congress latest enactment even effect overturning judgment inferior since every level must decide according existing laws schooner peggy supra achieved finality however judicial decision becomes last word judicial department regard particular case controversy congress may declare retroactive legislation law applicable case something courts said finality legal judgment determined statute entitlement government benefit statutory creation deprives former constitutional significance analysis deprives latter significance due process plaut spendthrift farm purposes see cleveland bd ed loudermill meachum fano sure reopens directs reopening final judgments whole class cases rather particular suit see makes difference violation consists depriving judicial judgments conclusive effect announced acting manner particular rather general effect unusual though must note impossible legislature sure general statute one may reduce perception legislative interference judicial judgments prompted individual favoritism legislative interference judicial judgments nonetheless favoritism even corruption power object prohibition prohibition violated individual final judgment legislatively rescinded even best reasons legislature genuine conviction supported law professors land judgment wrong violated times final judgments legislatively dissolved irrelevant well final judgments reopened rested bar statute limitations rules finality statutory treat dismissal grounds way treat dismissal failure state claim failure prove substantive liability failure prosecute judgment merits see fed rule civ proc oppenheimer petitioners suggest directly implication two reasons merits judgment based particular ground may uniquely subject congressional nullification plaut spendthrift farm first fact length indeed even existence statute limitations upon federal cause action entirely subject congressional control virtually reasons final judgment merits rendered federal claim subject congressional control congress eliminate example particular element cause action plaintiffs found difficult establish evidentiary rule often excluded essential testimony rule offsetting wrong contributory negligence often prevented recovery distinguish statutes limitations ground mere creatures congress distinguish second supposedly distinguishing characteristic statute limitations extended without violating due process clause cause action arose even statute expired see chase securities donaldson also set statutes limitations apart mention one broad category legal rule rules pleading proof similarly altered cause action arises landgraf usi film products slip even statute clearly requires applied case final judgment entered petitioners principle therefore lead conclusion final judgments rendered basis stringent alternatively liberal rule pleading proof may set aside retrial new liberal alternatively stringent rule pleading proof alone provides massive scope undoing final judgments substantially subvert doctrine separation powers central theme dissent variant arguments dissent maintains lampf announced plaut spendthrift farm new statute limitations post act judicial lawmaking post changed law post statement even relevant wrong point decided lampf never addressed therefore open question matter lower courts held time important point lampf irrelevant case dissent perceives issue decide congress enacted lampf rule lampf rule genesis judicial lawmaking rather shall say legislative lawmaking affect analysis post issue validity even source legal rule produced article iii judgments rather immunity legislative abrogation judgments question us nothing lampf dissent attack lampf nothing question us apart statute review today know instance congress attempted set aside final judgment article iii retroactive legislation prolonged reticence amazing interference understood constitutionally proscribed closest analogue government able put forward statute issue sioux nation law required claims otwithstanding provision law review merits without regard defense res judicata collateral estoppel sioux claim compensation even though claims previously heard rejected claim considered plaut spendthrift farm rejected objections statute based upon hayburn case klein see basis rejection line precedent starting cherokee nation stood said proposition congress power waive res judicata effect prior judgment entered government favor claim sioux nation holding narrow precedent relied sum congress mere waiver res judicata effect prior judicial decision rejecting validity legal claim violate doctrine separation powers solicitor general suggests even sioux nation read accord holding nonetheless establishes congress may require article iii courts reopen final judgments since res judicata compelled article iii safeguard structural independence courts doctrine subject waiver party litigant brief citing commodity futures trading schor proposition legal defenses based upon doctrines central courts structural independence never waived simply accord cases certainly one doctrine consists judicial power disregard unconstitutional statute see marbury cranch yet none suggest plaut spendthrift farm litigant may never waive defense statute unconstitutional see searle cohn may follow holding judicial power unalterably includes power render final judgments waivers res judicata always impermissible rather many federal courts appeals held waivers res judicata need always accepted trial courts may appropriate cases raise res judicata bar motion see coleman ramada hotel operating medomak canning holloway constr dept labor waiver subject control courts obviously raise issue separation powers precisely accord language decision solicitor general relies upon held schor although litigant consented bring counterclaim article tribunal nonetheless choose consider article iii challenge article iii limitations issue notions consent waiver dispositive emphasis added see also freytag commissioner finding rare cas exercise discretion hear waived claim based appointments clause art ii cl plaut spendthrift farm petitioners also rely miscellany decisions upholding legislation altered rights fixed final judgments iii courts see sampeyreac pet freeborn smith wall administrative agencies paramino lumber marshall altered prospective effect injunctions entered article iii courts wheeling belmont bridge cases distinguish nothing holding today calls question petitioners rely general statements cases legislative annulment final judgments exercise judicial power even practice decide cases weight prior dicta find many dicta reject congressional power revise judgments article iii courts instructive authority see supra plaut spendthrift farm finally petitioners liken federal rule civil procedure authorizes courts relieve parties final judgment grounds excusable neglect newly discovered evidence fraud reason justifying relief see little resemblance rule authorizes discretionary judicial revision judgments listed situations extraordinary circumstances liljeberg health services acquisition impose legislative upon courts merely reflects confirms courts inherent discretionary power firmly established english practice long foundation republic set aside judgment whose enforcement work inequity glass thus rule tradition embodies relevant refutation claim reopening final judgment always denial property without due process irrelevant claim legislative instruction reopen impinges upon independent constitutional authority courts dissent promises provide contemporary examples statutes retroactively requiring final judgments reopened demonstrate statutes ordinary products exercise legislative power post promise kept relevant retroactivity course consists requirement set aside judgment rendered prior setting aside plaut spendthrift farm example statute passed today says default judgments rendered future may reopened within days entry sense requirements reopen retroactive designation superfluous nothing say today precludes law finality pronounce law existence time judgment permit pronounce law applicable says judgment may reopened certain reasons limitation built judgment finality conditioned present case however involves judgment congress subjected reopening requirement exist judgment pronounced dissent provides single clear prior instance congressional action dissent cites first rule describes familiar remedial measure post discussed rule provide new remedy simply recitation judicial power true another dissent examples provides federal prisoners statutory motion vacate federal sentence procedure restates clarifies simplifies procedure nature ancient writ error coram nobis hayman quoting reviser note meaningless speak statutes applying retroactively since simply codified judicial practice next dissent cites provision soldiers sailors civil relief act stat app authorizes courts upon application reopen judgments members armed forces entered active duty clearer however provision retroactive says judgment shall rendered action plaut spendthrift farm proceeding governed section person military service period service judgment may opened emphasis added dissent also cites post provision handicapped children protection act stat ed supp provided award attorney fees education handicapped children act stat et seq ed supp changed law regarding attorney fees education handicapped children act decision smith robinson found fees unavailable provision statutes large adopting amendment code specified effect apply proceedings brought enactment also proceedings pending time brought decision smith see stat amendment says nothing reopening final judgments retroactivity provision may well mean nothing applies merely new suits commenced date enactment also previously filed yet terminated suits specified sort interpretation consistent case dissent cites involved consent decree yet fully executed counsel dow alternatively statute perhaps understood create new cause action attorney fees attributable already concluded litigation create problem consistent view ttorney fee determinations collateral main cause action uniquely separable cause action proved trial landgraf usi film products slip quoting white new plaut spendthrift farm hampshire dept employment security dissent perception retroactive reopening provisions found us perhaps attributable inversion statutory presumption regarding retroactivity thus asserts rule must retroactive since ot single word text suggests apply judgments entered prior effective date post reverses traditional rule confirmed last term statutes apply retroactively unless congress expressly see landgraf slip dissent adds traditional construction remedial measures support construing rule apply past well future judgments post reliance vaguely remedial purpose statute defeat presumption retroactivity rejected companion cases landgraf see slip rivers roadway express slip compare landgraf slip blackmun plaut spendthrift farm dissenting presumption retroactive legislation need applied remedial legislation citing sampeyreac dissent sets forth number hypothetical horribles flowing assertedly rigid holding example inability set aside civil judgment become final period natural disaster prevented timely filing certiorari petition post horrible holding underlying statute enacts rigid jurisdictional bar entertaining untimely civil petitions congress undoubtedly enact prospective legislation permitting indeed requiring make equitable exceptions otherwise applicable rule finality district courts pursuant rule indication whatever invalidity constitutional rule announce produces unhappy consequences legislature lacks foresight acts belatedly remedy deficiency law routine result constitutional rules see collins youngblood ex post facto clause precludes statutory extension criminal sentence trust new jersey contract clause prevents retroactive alteration contract state bondholders louisville joint stock land bank radford takings clause invalidates bankruptcy law abrogates vested property interest see also security industrial bank finally may respond suggestion concurrence case decided narrowly concurrence willing acknowledge sometimes congress lacks power article reopen otherwise closed judgment post present context considers plaut spendthrift farm critical exclusively retroactive appli es limited number individuals ibid congress provid ed assurances singling ordinary legislative activity normally provides say prospectivity general applicability might different case post seems us wrong fact law point fact single defendant adverse treatment plaintiff favorable treatment rather identifies class actions filed timely applicable state law dismissed time barred embraces many plaintiffs defendants precise number identities even know concurrence contention number covered defendants small compared number similar uncovered firms distinguish meaningfully law us similar law aimed single closed case post emphasis added renders concept singling meaningless importantly however concurrence point seems us wrong law sure class actions identified expansive actions filed provision written prospective well retroactive effect dismissed actions plus future actions rule shall timely brought within years injury escapes us way cause statute less infringement upon judicial power nub infringement consists legislature acting particularized hence according plaut spendthrift farm concurrence nonlegislative fashion rather legislature nullifying prior authoritative judicial action makes difference whatever violation gross rather particularized hereby set aside hitherto entered judicial orders accompanied almost violation bill attainder clause almost violation constitutional provision ultimately concurrence agrees judgment ecause law us embodies risks sort constitution separation powers prohibition seeks avoid post doctrine separation powers structural safeguard rather remedy applied specific harm risk specific harm identified major features conclusiveness judicial judgments assuredly one prophylactic device establishing high walls clear distinctions low walls vague distinctions judicially defensible heat interbranch conflict interesting concurrence quotes twice cites without quotation third time opinion justice powell plaut spendthrift farm ins chadha justice powell wrote case alone expressed dismay decision apparently invalidate every use legislative veto opined breadth holding gives one pause ibid give pause majority put end interbranch dispute otherwise indefinitely prolonged think legislated invalidation judicial judgments deserves categorical treatment accorded chadha congressional invalidation executive action delphic alternative suggested concurrence setting aside judgments right long congress impermissibly tr apply well make law post simply prolongs doubt multiplies confrontation separation powers distinctively american political doctrine profits advice authored distinctively american poet good fences make good neighbors ordered footnotes since respondents reading statute avoid constitutional question undoubted gravity think prudent entertain argument even though respondents make sixth circuit course sixth circuit decide respondents point argument directed see statute language plain unambiguous commands federal courts reinstate cases courts dismissed person shall deprived life liberty property without due process law amdt read abstract public pronouncements might taken solicitor general take see brief disapprove practice legislature sit original appellate jurisdiction backdrop plaut spendthrift farm history reading untenable many perhaps plurality instances legislative equity period framing simply involved duly enacted laws nullified judgments new trials judicial rulings merits take place see supra dissent quotes passage opinion saying congress providing forum new judicial review black hills claim take place post quoting quite consistent res judicata holding party waives defense res judicata provides forum new judicial review statute issue sioux nation seemingly prohibited courts raising res judicata defense sua sponte see rehnquist dissenting address point far appears saw reason raise defense course unexplained silences decisions lack precedential weight see brecht abrahamson slip dissent tries turn dicta cases sampeyreac freeborn holdings says sampeyreac relevant judicial power challenged statute arguably supplanted article iii appellate jurisdiction post even true judicial power discussion doubtful point still possibly constitute holding since supplanted power issue case one principal grounds decision finality territorial decree retroactively abrogated decree entered previous statute provided decree shall final conclusive parties sampeyreac pet emphasis original asserted basis reopening fraud sampeyreac actually exist reasoned sampeyreac fictitious person party decree act decree allegedly become final strictness apply case ibid dissent likewise says freeborn judicial power opinion referred article iii appellate jurisdiction post even point remains dictum final judgment issue freeborn challenged plaut spendthrift farm statute reached cases appeal writ error heretofore prosecuted pending see post quoting stat emphasis added explained see supra congress may require insofar limitations concerned new statutes applied cases yet final still pending appeal even dissent scouring support proved unproductive cites statutes five post nn four statutes involve virtually identical provision permits entity takes insolvent insurance company apply insurer default judgments set aside see del code tit stat ins law mckinney supp cons stat supp clear indeed seems us unlikely statutes applied retroactively judgments final enactment scheme created entity last statute involves discretionary procedure allowing appeal pro se litigants code ann supp obvious provision apply retroactively judgments rendered procedures established premise something wrong particularized legislative action course questionable legislatures usually act laws general applicability means legitimate mode action private bills congress still common even days establishment claims even laws impose duty liability upon single individual firm account invalid else extensive jurisprudence concerning bill attainder clause including cases say requires merely singling also punishment see lovett case says congress may legislate legitimate class one nixon administrator general services plaut spendthrift farm justice breyer concurring judgment agree majority securities exchange act supp hereinafter unconstitutional view separation powers inherent constitution means least sometimes congress lacks power article reopen otherwise closed judgment statutory provision issue violates basic separation powers principle one intended protect individual liberty three features law exclusively retroactive effect application limited number individuals reopening closed judgments taken together show congress impermissibly tried apply well make law hence falls outside scope article far less clear unnecessary purposes case decide separation powers violated whenever individual final judgment legislatively rescinded violated times final judgments legislatively dissolved see ante therefore write separately majority provides strong historical evidence congress lacks power simply reopen revise final judgments individual cases see ante plaut spendthrift farm framers hesitated lodge legislature kind power power enact general laws part effort avoid despotic government accompanies accumulation powers legislative executive judiciary hands federalist gideon ed madison quoting jefferson notes state virginia one thing authoritative application general law particular case independent judge rather legislature provides assurance even unfair law least applied evenhandedly according terms see montesquieu spirit laws nugent transl describing one objective separation powers preventing monarch senate enact ed tyrannical laws execut ing tyrannical manner gwyn meaning separation powers discussing historically relevant sources explain one purpose separation powers helping assure impartial rule law another thing justice powell pointed constitution separation powers principles reflect part framers concern legislature able unilaterally impose substantial deprivation one person ins chadha powell concurring judgment framers expressed principle specific provisions bill attainder clause constitution general allocation power ibid see brown bill attainder clause intended implement separation powers acting general safeguard legislative exercise judicial function fletcher peck cranch marshall peculiar province legislature prescribe general rules government society plaut spendthrift farm application rules individuals society seem duty departments cf hurtado california despite two important separation powers concerns sometimes congress enact legislation focuses upon small group even single individual see nixon administrator general services selective service system minnesota public interest research group brown supra congress also sometimes passes private legislation see chadha supra powell concurring judgment congress grants particular individuals relief benefits spending power danger oppressive action separation powers designed avoid implicated sometimes congress enact legislation practical matter radically changes effect individual previously entered decree see pennsylvania wheeling belmont bridge statutes apply prospectively part prospectivity class persons however simply effort apply person person law single oppressive treatment one handful particular individuals thus seems congress enacted legislation reopened otherwise closed judgment way mitigated relevant separation powers concerns also providing assurances singling ordinary legislative activity normally provides say prospectivity general applicability might different case cf brown supra congress must accomplish desired results rules general applicability specify people upon sanction prescribes levied legislation light mitigating circumstances plaut spendthrift farm might well present different constitutional question subscribe absolute statement statute us however mitigating features reopens previously closed judgments entirely retroactive applying rule actions actually filed final judgments entered june see cfr lacks generality applies individual instances see hearings subcommittee telecommunications finance house representatives committee energy commerce listing case name cases dismissed basis lampf pleva lipkind prupis petigrow gilbertson underinclusive excludes coverage others relying upon limitations law may failed bring timely securities fraud actions nation hundreds thousands businesses concede coverage extends beyond single individual many potential plaintiffs class actions legislation disfavors plaintiffs defendants think latter number relevant number small compared number similar uncovered firms distinguish meaningfully law us similar law aimed single closed case existence applies rule actions pending time legislation change conclusion provision seems aimed additional individuals mitigate generality see hearings supra listing cases dismissal motions based lampf pending upshot viewed light relevant objectives separation powers plaut spendthrift farm case falls directly within scope language cases suggesting restriction congress power reopen closed judgments see chicago southern air lines waterman judgments within powers vested courts judiciary article constitution may lawfully revised overturned another department government wheeling belmont bridge supra remedy case action law judgment rendered favor plaintiff damages right passed beyond reach power congress hayburn case dall letter justice iredell district judge sitgreaves president washington decision circumstances opinion agreeable constitution liable revision even suspension legislature time law us reopens final judgments lacks assurances prospectivity greater generality provided need go make reopening absolute always determinative distinction prophylactic device foundation building new high wal branches ante indeed unnecessary building walls dangerous constitution blends well separates powers effort create government work well protect liberties citizens see federalist madison doctrine divide branches watertight compartments establish divide fields black white springer philippine islands holmes dissenting see also youngstown sheet tube sawyer plaut spendthrift farm jackson concurring referring need workable government frankfurter concurring mistretta doctrine create hermetic division among branches carefully crafted system checked balanced power within branch important separation powers decisions sometimes turned upon absolute distinctions upon degree see crowell benson schechter poultry cardozo concurring majority invokes advice american poet one might consider well poet caution notes something love wall also writes built wall ask know walling walling frost mending wall new oxford book american verse ellmann ed finally note cases dissent cites distinguishable one us sampeyreac pet considered law similar reopened set closed judgments fraud cases reach relevant issue rather rested conclusion upon fact sampeyreac real person conceding real case might present different question freeborn smith wall involved article upheld law applied cases pending appeal territory nevada irrespective causes action issue party seeking review see law generality characteristic helps avoid problem legislatively singling individuals adverse treatment see chadha powell concurring judgment neither plaut spendthrift farm sioux nation involve legislation adversely treated individuals rather permitted reopening case see law us embodies risks sort constitution separation powers prohibition seeks avoid find offsetting legislative safeguards normally offer assurances minimize risks agree conclusion join judgment plaut spendthrift farm justice stevens justice ginsburg joins dissenting december congress enacted securities exchange act supp hereinafter amendment remedy flaw limitations rule announced june lampf pleva lipkind prupis petigrow gilbertson lampf replaced array state statutes limitations governed shareholder actions securities exchange act rule cfr hereinafter actions uniform federal limitations rule congress found one flaw new rule failure exempt pending cases operation accordingly without altering prospective effect lampf rule amendment remedied flaw providing law determine limitations period applicable cases pending june remained pending december enacted courts dismissed june december today holds amendment violates constitution separation powers encompassing plaut spendthrift farm dismissed claims requires courts reopen final judgments private civil actions section statutory amendment rule law announced fact new rule announced lampf product judicial rather congressional lawmaking affect analysis issue decide congress enacted lampf rule result inadvertence perhaps scrivener error failed exempt pending cases customary limitations periods shortened opinion congress retroactively restored rights legislation inadvertently unfairly impaired remedial amendment failure exclude dismissed cases benefitted class make invalid today faces materially identical situation view reaches wrong result throughout history congress passed laws allow courts reopen final judgments laws characteristically apply judgments entered well enactment apply retroactively may raise serious due process questions plaut spendthrift farm never invalidated law grounds today indeed last term recognized congress ample power enact law effect restored rights party reasonably good faith thought possessed surprising announcement decision rivers roadway express slip discussing frisbie whitney wall conditioned unambiguous restatement proposition congress power enact legislation practical effect restoring status quo retroactively congress clear expression intent large class investors reasonably good faith thought possessed rights action surprising announcement lampf rule june enacted amendment congress clearly expressed intent restore rights lampf denied aggrieved class section comported fully rivers precedents consistently recognized congress power plaut spendthrift farm enact remedial statutes set aside classes final judgments remarkable feature enactment fact remedied defect new rule rather statute familiar history invokes involving colonial legislatures ad hoc decisions individual cases unfettered rules ante quoting vermont state papers slade ed provides support holding contrary history precedent demonstrate congress may enact laws establish substantive rules procedures reopening final judgments enacted amendment lampf rule congress encroach judicial power decided neither merits claim even whether claim proceed decision merits provide rule governing timeliness actions pending june statute limitations also established procedure article iii courts apply determining whether dismissed case reinstated congress decision extend rule procedure actions dismissed brief period decision lampf congress remedial action sufficient reason hold statute unconstitutional respondents conducted public offering common stock petitioners suing behalf purchasers stock filed action district eastern district kentucky alleging violations substantive federal rules place since respondents moved dismiss complaint untimely petitioners filed three years events dispute time plaut spendthrift farm settled law kentucky elsewhere directed federal courts determine statutes limitations applicable actions reference state law relevant kentucky statute provided limitations period petitioners contended ran time alleged fraud discovered magistrate agreed petitioners recommended denial respondents motion dismiss district yet ruled issue factual question whether petitioners discovered respondents alleged violations three years filed suit remained open decision article iii judge june day decision lampf changed law concluded every action time barred unless brought within three years alleged violation one year discovery moreover applied novel rule pending cases justice pointed dissent held plaintiffs suit time barred limitations period exist holding depart ed drastically established practice inflict ed injustice plaintiffs lampf inequitable consequences lampf plaut spendthrift farm reached beyond parties case injuring large class litigants includes petitioners without resolving factual issue determined timeliness petitioners complaint lampf district dismissed instant action untimely new limitations period dictated lampf deprived nonfrivolous basis appeal petitioners acquiesced dismissal therefore became final september congress responded lampf passing became effective december statute changed substantive limitations law restoring limitations rule two categories actions pending june subsection applies cases still pending december courts appeals uniformly upheld constitutionality subsection validity challenged case subsection applies actions like instant case dismissed june timely regime plaut spendthrift farm subsection authorized district courts reinstate dismissed cases plaintiff moved within days effective date amendment unless plaintiff filed timely motion reinstatement satisfied complaint timely filed applicable law dismissal remain effect case petitioners made required showing district refused reinstate case instead held unconstitutional supp ed appeals sixth circuit contrary earlier decision fifth circuit affirmed ii aside claims know instance congress attempted set aside final judgment article iii retroactive legislation ante fact congress done several occasions section part remedial statute early recognized remedial statute authorizing reopening final judgment time appeal expired entirely unexceptionable even though operates retroactively repeatedly decided retrospective operation law forms objection almost every law providing new remedy affects operates upon causes action existing time law passed sampeyreac pet upheld remedial statutes carried greater cause concerns others provoked challenges contrast colonial directives majority relies nothing like remedial statutes plaut spendthrift farm remedial law construed sampeyreac strongly resembled authorized class litigants reopen claims brought statute courts already finally adjudicated statute authorized proceedings establish title certain lands state missouri territory arkansas provided appeal within one year entry judgment decree appeal taken judgment decree district shall like manner final conclusive arkansas territorial entered decree favor one sampeyreac objection nominal plaintiff fictitious person appeal taken decree became final congress passed special statute authorizing arkansas reopen decree entered statute prior july filed bill review alleging decree based forged evidence title filed bill obtained reversal decree arkansas fictitious sampeyreac argued arkansas entertained government bill review statute exercise judicial power answer objection execution provisions given legislature union use power categorically rejected argument law respect exercise judicial powers course majority notes ante particular decree stake sampeyreac issued article iii territorial however opinion contains suggestion congress power authorize reopening judgments entered arkansas plaut spendthrift farm broader power authorize reopening judgments entered statute district missouri moreover relevant judicial power statute arguably supplanted article iii appellate jurisdiction prior enactment provided avenue review trial courts judgments similarly freeborn smith wall rejected challenge act congress removed accidental impediment exercise appellate jurisdiction congress admitted nevada union state march ch stat neglected provide disposition pending appeals final judgments previously entered nevada territory accordingly freeborn defendants error moved dismiss writ error territorial ground power decide case suggestion plaintiffs error deferred ruling motion february congress passed special statute authorized decide similar cases defendants plaut spendthrift farm error renewed motion arguing congress reopen judgments already final unreviewable congress competent exercise judicial power defendants error argued possible right attach judgment done plainer case attempt destroy legislative action however noted omission statute left case anomalous situation passage later statute absolutely necessary remove impediment way legal proceeding case concluded acts remedial character peculiar subjects legislation liable imputation assumptions judicial power ibid sampeyreac although freeborn involved review judgment entered territorial judicial power opinion referred article iii appellate jurisdiction congress may enact law authorizing reopen decisions previously lacked power review congress must power let district courts reopen judgments also apposite sioux nation involved sioux nation longstanding claim government improperly abrogated treaty sioux held title black hills sioux first brought claim special jurisdictional statute claims dismissed suit holding act give jurisdiction consider adequacy compensation plaut spendthrift farm government paid congress passed new jurisdictional statute sioux brought new action claims although acknowledging merit sioux claim held res judicata effect dismissal barred suit response congress passed statute authorized claims take new evidence instructed consider sioux claims merits disregarding res judicata sioux finally prevailed held act violate separation powers correctly notes see ante opinion sioux nation prominently discussed precedents establishing congress power waive res judicata effect judgments never suggested however precedents sufficed overcome objections raised act instead made extensive comments propriety congress action necessary holding salient analysis today passing act held congress providing forum new judicial review black hills claim take place review based facts found claims reviewing evidence application generally controlling legal principles facts reasons congress reviewing merits claims decisions interfere finality judgments moreover congress way attempted prescribe outcome claims new review merits plaut spendthrift farm opinions sampeyreac freeborn sioux nation correctly characterize statutes specify new grounds reopening final judgments remedial moreover precedents correctly identify unremarkable nature legislative power enact remedial statutes cts remedial character peculiar subjects legislation liable imputation assumptions judicial power freeborn contemporary examples statutes suffice demonstrate ordinary products exercise legislative power familiar remedial measure provides reopening final judgments rule federal rules civil procedure rule codified grounds relieving party final judgment added encompassing reference reason justifying relief operation judgment single word text suggests plaut spendthrift farm apply judgments entered prior effective date contrary purpose rule plain language traditional construction remedial measures support construing apply past well future judgments indeed rule explicitly abolished writs replaced unintended gap law resulted apply retroactively examples remedial statutes resemble include soldiers sailors civil relief act plaut spendthrift farm app authorizes members armed forces reopen judgments entered active duty handicapped children protection act ed supp provided recovery attorney fees education handicapped children act et seq ed supp federal habeas corpus statute authorizes federal courts reopen judgments conviction habeas statute similarly rule replaced writ see app thus necessarily applied retroactively state statutes authorize reopening various types default judgments judgments became final party received notice entry well provisions motions reopen plaut spendthrift farm based newly discovered evidence demonstrate widespread acceptance remedial statutes allow courts set aside final judgments case rule logic dictates statutes construed apply retroactively judgments final time enactments remedial statutes announced generally applicable rules law well establishing procedures reopening final judgments contrast examples colonial legislatures review trial courts judgments today holding rests legislatures issued directives individual cases without purporting either set forth apply legal standard cf ante see ins chadha powell concurring judgment principal compendium relies ante accurately describes legislative directives records first quarter century provincial legislature often found acting judicial capacity sometimes trying causes equity sometimes granting equity powers common law particular temporary purpose constantly granting appeals new trials relief judgments equitable grounds judicial action plaut spendthrift farm provincial legislature massachusetts harv rev iii lack precedent holding course sufficient reason reject correct application principles however confirms reached wrong result recent major pronouncement separation powers noted never held constitution requires three branches government operate absolute independence morrison olson quoting nixon rather jurisprudence reflects madison flexible approach separation powers mistretta accepting madison conception rather hermetic division among branches upheld statutory provisions degree commingle functions branches pose danger either aggrandizement encroachment today holding comport ideals section shares several important characteristics remedial statutes discussed decide merits issue litigation merely removes impediment judicial decision merits impediment removes produced inequity statute beneficiaries cause impediment requires party invoking benefits file motion within specified time plaut spendthrift farm convince statute entitles party relief important specifies substantive rule govern reopening class judgments limitations rule procedure courts apply determining whether particular motion reopen granted characteristics quintessentially legislative reflect congress fealty separation powers intention avoid sort ad hoc excesses rightly criticizes colonial legislative practice judgment elements distinguish judicial action confirm constitutionality sensible analysis least consider balance instead myopically disposes holding congress power requir article iii set aside final judgment ante holding must mean one two things mean congress may impose mandatory duty set aside judgment even makes particular finding finding fraud mistake congress made rule however correct although rule example merely authorizes federal courts set aside judgments making appropriate findings acts congress characteristically set standards judges obligated enforce accordingly congress surely add rule certain instances courts must grant relief final judgments make particular findings example finding member jury accepted bribe prevailing party therefore must mean hold congress may unconditionally require article iii set aside final judgment rule unwise beside point case simple hypothetical example illustrate practical failings new rule suppose plaut spendthrift farm congress instead endorsing new limitations rule fashioned lampf decided return regime perhaps enact longer uniform statute subsection simply provided law effect prior june govern timeliness actions event subsection still necessary remedy injustice caused failure exempt pending cases new rule judgment statutory correction inequitable flaw lampf appropriate remedial legislation whether congress endorsed decision substantive limitations rule unfortunately appears equally consistent even though class dismissed plaintiffs hypothetical subject substantive rule plaintiffs reasoning still reject subsection impermissible exercise judicial power majority rigid holding unnecessarily hinders government addressing difficult issues inevitably arise complex society example lacks power enlarge time filing petitions certiorari civil case days entry final judgment matter strong equities see act god flood earthquake sufficiently disrupted communications particular area preclude filing several days majority reasoning appear bar congress addressing resulting inequity congress passed remedial legislation retroactively granted movants disaster area extra time file petitions motions extensions time file today holding presumably compel us strike legislation attack finality judgments ruling like today holding gravely undermine federal courts traditional power plaut spendthrift farm set aside judgment whose enforcement work inequity ante even rule announces today sound control case us order obtain benefit petitioners file timely motion persuade district timely filed complaint law judgment district petitioners satisfied conditions congress reasonably assumed indeed must expected movants fail presence important condition district must find movant satisfied may reopen judgment distinguishes unconditional congressional directives appears forbid moreover unlike colonial legislative commands bases holding directed action civil case ante discussing calder bull dall large category civil cases declares legislative direction reopen class cases times bad direction reopen single final judgment plaut spendthrift farm power object prohibition see ante observation might salient unconditionally commanded courts reopen judgments even absent findings complaints timely law congress decide know decide timeliness issue particular case affected category congress therefore way identify particular plaintiffs benefit merely enacted law applied substantive rule class litigants specified procedure invoking rule left particular outcomes individualized judicial determinations classic exercise legislative power seek affirmed sponsor give victims securities fraud fair day statute removes unanticipated unjust impediment adjudication large class claims merits poses danger aggrandizement encroachment mistretta particularly true light congress historic primacy statutes limitations statute contains several checks plaut spendthrift farm danger congressional overreaching lampf undertook legislative function essentially supplied statute limitations actions however failed adopt transition rules ordinarily attend alterations shortening time sue congress supplied rules statute reflects ability two coequal branches cooperate providing impartial application legal rules particular disputes mistrust cooperation ill serves separation powers plaut spendthrift farm iv drawn wrong lesson framers disapproval colonial legislatures appellate review judicial decisions framers rejected practice mechanistic solicitude final judgments believed impartial application rules law rather majority must govern disposition individual cases controversies legislative interference adjudication merits particular case carries risk political power supplant evenhanded justice whether interference occurs entry final judgment cf klein wall hayburn case dall section neither commands reinstatement particular case directs result merits congress recently granted special benefit single litigant pending civil rights case saw need even grant certiorari review disturbing legislative favor ironic counterpoint today places higher priority protecting republic restoration large class litigants opportunity article iii courts resolve merits claims must remember machinery government work allowed little play plaut spendthrift farm joints bain peanut texas pinson holmes three branches must cooperate order govern regard favorably rather suspicious hostility legislation enables judiciary overcome impediments performance mission administering justice impartially even created impediment rigid rules often make good law judgments areas review potential conflicts among three coequal branches federal government partake art well science often reiterated insight justice jackson actual art governing constitution conform judicial definitions power branches based isolated clauses even single articles torn context constitution diffuses power better secure liberty also contemplates practice integrate dispersed powers workable government enjoins upon branches separateness interdependence autonomy reciprocity youngstown sheet tube sawyer concurring opinion plaut spendthrift farm accordingly respectfully dissent decisions prior lampf consistently held retroactive application new shortened limitations periods violate fundamental notions justified reliance due process lampf pleva lipkind prupis petigrow gilbertson dissenting see chevron oil huson saint francis college finds violation reach respondents alternative theory denied due process fifth amendment theory appeals identify alternative ground holding judgment statute easily survives due process challenge section rationally related legitimate public purpose concrete pipe products construction laborers pension trust slip given existence statutes rules plaut spendthrift farm rule allow courts reopen apparently final judgments various circumstances see infra respondents assert inviolable vested right district dismissal petitioners claims addition upset settled expectations respondents cf landgraf usi film products slip landgraf concluded congress intend civil rights act supp apply retroactively retroactive application placed new legal burden past conduct slip one relied either rule lampf unpredictable decision apply rule retroactively reliance interests ordinarily support presumption retroactivity militate favor allowing retroactive application federal judges borrowed state statutes limitations directed congress rules decision act lampf stevens dissenting citations omitted see stull bayard cert denied roberts magnetic metals robuck dean witter borrowing state statutes limitations actions see rev stat ann michie lampf opinion drew two dissents justice kennedy joined justice adopted different plaut spendthrift farm substantive limitations rule see justice souter adhered four decades settled law maintained existing regime congress enacted new federal statute limitations stevens dissenting one dissented proposition uniform federal limitations period wise policy see cooperativa de ahorro credito aguada kidder peabody cert pending axel johnson arthur andersen cooke manufactured homes berning edwards sons gray first winthrop anixter production cert denied sub nom dennler trippet henderson cert denied act provided part cases appeal writ error heretofore prosecuted pending upon record territory nevada may heard determined mandate execution proceedings shall directed district district nevada state nevada nature said appeal writ error may require courts shall successor nevada territory cases full power hear determine award mesne final process thereon provided said appeals shall prosecuted said writs errors sued plaut spendthrift farm time first day july eighteen hundred ch stat full text rule provides motion upon terms may relieve party party legal representative final judgment order proceeding following reasons mistake inadvertence surprise excusable neglect newly discovered evidence due diligence discovered time move new trial rule fraud whether heretofore denominated intrinsic extrinsic misrepresentation misconduct adverse party judgment void judgment satisfied released discharged prior judgment upon based reversed otherwise vacated longer equitable judgment prospective application reason justifying relief operation judgment motion shall made within reasonable time reasons one year judgment order proceeding entered taken motion subdivision affect finality judgment suspend operation rule limit power entertain independent action relieve plaut spendthrift farm party judgment order proceeding grant relief defendant actually personally notified provided title set aside judgment fraud upon writs coram nobis coram vobis audita querela bills review bills nature bill review abolished procedure obtaining relief judgment shall motion prescribed rules independent action criticism analysis rule majority overstates holdings retroactivity landgraf rivers roadway express opinion landgraf nowhere says statutes apply retroactively unless congress expressly ante contrary says hen statute contains express command must determine whether new statute retroactive effect inquiry requires clear congressional intent favoring result landgraf slip emphasis added see also slip rivers slip case rule factors identified taken together support finding clear congressional intent moreover neither landgraf rivers rejected consideration statute remedial purpose analyzing congress intent apply statute retroactively compare ante landgraf slip rivers slip enacted handicapped children protection act congress overruled contrary decision smith robinson applying act retroactively action either pending brought july day announced smith see stat accordingly applied act retroactively case parties entered consent decree prior enactment see counsel dow attempts explain away retroactivity provision ante simply comport plain language act government also calls attention statute requires courts reopen final rem judgments upon entries appearance defendants personally served see brief statute prospective effect offers reason congress pass similar statute apply retroactively judgments entered preexisting procedures see del code tit stat ins law mckinney supp cons stat supp example virginia statute provides pro se litigant fails receive notice trial entry order plaut spendthrift farm even time appeal expired trial judge may within days vacate order grant party leave appeal code ann supp see herrera collins nn slip nn citing state statutes offers explanation constitution construed interpose absolute bar statutes retroactive application reasoning example amendment broadened coverage rule apply inequitable judgments entered prior amendment rationale formalistic restriction remains elusive also appears bar retroactive application changes criminal law reasoning suggests example congress one day choose abolish federal death penalty new statute constitutionally save death row inmate execution conviction become final statute passed time congress considering bill became house subcommittee reported lampf resulted dismissal cases involving thousands plaintiffs every state identified claims totaling million addition motions dismiss based lampf pending cases involving thousands plaintiffs every state claims totaling billion hearing subcommittee telecommunications finance house committee energy commerce cong rec statement bryan today decision creates new irony judicial legislation challenge constitutionality turn sanctity final judgments section benefits litigants filed appeals lampf rendered frivolous petitioners litigants whose claims lampf rendered untimely acquiesced dismissal actions striking ground leave intact indulges litigants protracted proceedings shuts courthouse door litigants proceeded diligence respect lampf judgment statutes limitation find justification necessity convenience rather logic represent expedients rather plaut spendthrift farm principles definition arbitrary operation discriminate unjust claim voidable unavoidable delay come law judicial process legislation represent public policy privilege litigate history pleas limitation shows good legislative grace subject relatively large degree legislative control chase securities donaldson jackson citation omitted although agree justice breyer general approach issue believe gives insufficient weight two important features first fails recognize statute restored preexisting rule law order remedy manifest injustice produced retroactive application lampf substantial deprivation congress imposed defendants properly filed lawsuits proceed decisions merits cf ante breyer concurring judgment quoting ins chadha powell concurring judgment second understates class defendants burdened finds statute underinclusive provided remedy potential plaintiffs may failed file timely actions reliance limitations law denies importance provided remedy plaintiffs appealed dismissals lampf see ante breyer concurring judgment coverage coextensive retroactive application general rule announced lampf congress enacted statute providing lampf rule apply cases filed statute effective date rule apply cases filed date justice breyer reasonably condemn plaut spendthrift farm statute special legislation difference statute covered cases pending date lampf june rather effective date statute december opinion sufficient generality avoid characteristics bill attainder see atonio wards cove packing see also landgraf slip parties agree civil rights act intended exempt single disparate impact lawsuit wards cove packing company course neither majority alter analysis congress rather enacted lampf rule without exemption pending cases later tried remedy unfairness enacting thus attribution legislature genuine conviction supported law professors land lampf wrong ante quite beside point