William J. Brennan, Jr.

“ Perhaps before the merger of law and equity in 1938 a denaturalization proceeding was an 'action at law.' But a decree of denaturalization is a determination of status which has prospective effect, and there is no reason why in modern times it should not be governed by equitable principles. ”

“ It is revolting that petitioner should be subject to deportation because of a decree which he could not successfully have attacked on appeal and which subsequent events may have rendered erroneous. The principle of finality is not offended by modification which disturbs no accrued rights and concerns only future conduct.
Accordingly, I would reverse the judgment of the Court of Appeals and remand this case to the District Court with directions to exercise its discretion under Rule 60 (b) (5) . ”

“ In my view, the District Court should have exercised its discretion under Fed.Rules Civ.Proc. 60 (b) to determine whether it is any longer equitable that this judgment of denaturalization should have prospective application. The Court's opinion, although it refers to Ackermann v. United States, 340 U.S. 193, 71 S.Ct. 209, 95 L.Ed. 207, as 'relevant and persuasive,' expresses no definite view on the availability of Rule 60 (b) in this situation, but instead decides on the merits that the state of the law is substantially unchanged since the entry of the denaturalization decree. ”