In a high-stakes legal showdown at the U.S. Supreme Court, Associate Justice Samuel Alito delivered a pointed critique to the petitioner’s counsel, underscoring the formidable challenge of overturning decades of judicial consensus. During oral arguments in Coney Island Auto Parts, Inc. v. Burton, the case centered on a textualist interpretation of the Federal Rules of Civil Procedure, Justice Alito flatly challenged the petitioner’s argument by stating: “Almost all the courts of appeals have decided this question against you, and the leading commentators take the opposite position. How do you account for that?”
The Tuesday exchange highlights a fundamental tension in modern jurisprudence: the clash between a strict, literal interpretation of legal texts (textualism) and the stability provided by established legal precedent (stare decisis).
The Heart of the Legal Battle: Rule 60(b)(1)
The Supreme Court case, Coney Island Auto Parts, Inc. v. Burton, focuses on the interpretation of Federal Rule of Civil Procedure 60(b)(1), which governs when a court can provide relief from a final judgment based on grounds like “mistake, inadvertence, surprise, or excusable neglect.”
The petitioner, Coney Island Auto Parts, had suffered a default judgment in a Tennessee bankruptcy court and years later sought to have it vacated, arguing the judgment was void due to improper service and lack of personal jurisdiction. The lower courts, including the Sixth Circuit, denied the motion as untimely, asserting that even a motion to vacate a void judgment must be filed within a “reasonable time” under Rule 60(c)(1).
Coney Island’s attorney advocated for a strict, textual reading of the rule, arguing that courts had adopted a too-flexible interpretation of “excusable neglect” that strayed from the plain language. They argued that if a judgment is void from the outset—for example, due to lack of proper notice—no time limit should apply to vacating it, as it is a constitutional nullity that cannot be “resuscitated” by the passage of time.
Citing Historical Drift and Textualist Evolution
The petitioner’s counsel acknowledged the weight of adverse precedent but contended that lower courts have historically drifted from the rule’s literal text. Specifically, the attorney traced the consensus of the lower courts back to the 1962 D.C. Circuit decision in Austin v. Smith. The petitioner’s argument noted that this influential ruling, which helped shape circuit precedent on this matter, notably failed even to mention Rule 60(b)(1), demonstrating a historical lack of fidelity to the rule’s text.
To further bolster the argument for judicial realignment, counsel invoked the shift in the Supreme Court’s interpretive methodology, particularly since the 1986 arrival of Justice Antonin Scalia—a foundational figure of the modern textualist movement. They cited two significant instances where the Court recently overturned long-standing circuit consensus:
- United States v. Broce (1989): In this criminal case, the Supreme Court rejected a long-standing lower-court interpretation of a federal statute—one that involved a Double Jeopardy challenge—despite a prior unanimous circuit-court agreement. The Court ruled that the defendants’ guilty pleas foreclosed a subsequent collateral challenge.
- An Unnamed Case from the Last Term: The attorney also noted a recent instance where the Justices ruled against a position that had been unanimously adopted by every circuit court of appeals, illustrating the Court’s willingness to disrupt uniform precedent when a clear reading of the law is deemed necessary.
The Path Forward
Justice Alito’s skeptical questioning, which included pressing the petitioner on the impact of another precedent, Huitt v. Wilbanks Securities, underscores the steep legal challenge. The core question before the Court is whether the principle of textual fidelity, which seeks to limit judges to the law’s exact words, is strong enough to realign Rule 60(b)(1) jurisprudence and upend the prevailing, pragmatic judicial administration practiced by lower courts for decades.
A decision in favor of Coney Island would represent a significant victory for the textualist wing of the court and fundamentally alter the standard for challenging default or void judgments across the federal system.