Thorpe v. Housing Authority of Durham, 393 U.S. 268 (1969)

Citation: Thorpe v. Housing Authority of Durham, 393 U.S. 268 (1969)
Parent Document: Thorpe v. Housing Authority of Durham, 393 U.S. 268 (1969)
Jurisdiction: United States (federal)
Effective Date: 1969-02-24
Original Source: https://www.courtlistener.com/opinion/107814/thorpe-v-housing-authority-of-durham/ ↗

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“[I]f subsequent to the judgment and before the decision of the appellate court, a law intervenes and positively changes the rule which governs, the law must be obeyed, or its obligation denied. If the law be constitutional, ... I know of no court which can contest its obligation. It is true that in mere private cases between individuals, a court will and ought to struggle hard against a construction which will, by a retrospective operation, affect the rights of parties, but in great national concerns . . . the court must decide according to existing laws, and if it be necessary to set aside a judgment, rightful when rendered, but which cannot be affirmed but in violation of law, the judgment must be set aside.” 39

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