Argument of Justice Brennan
Mr. Brennan: The other case 85-999, United States v. Paradise is here on certiorari to the Court of Appeals for the Eleventh Circuit.
This is an affirmative action remedy case.
It involves state troopers promotions and the Alabama Department of Public Safety.
In 1972, the District Court for the Middle District of Alabama held that the Department had systematical excluded blacks from employment, in violation of the Fourteenth Amendment.
Some 11 years later, confronted with the Department's failure to that long period to develop promotion procedures that did not have an adverse impact on blacks, District Court ordered that promotion of one black trooper for each white trooper elevated in rank, as long as qualified black candidates were available until the Department implemented an acceptable promotion procedure.
The United States challenged the constitutionality of this remidial order as violated with the equal protection guarantees of the Fourteenth Amendment.
The Court of Appeals rejected that contention, holding that the relief or ordered extended no further than necessary to accomplish the objective of remedying the egregious and longstanding racial imbalances in the upper ranks of the fire department, and affirming the judgment of the District Court.
We, in turn, affirm the judgment of the Court of Appeals.
For reasons stated at lenght in opinion filed over the Clerk, we hold that there is no merit in the argument of the United States, that the race conscious relief ordered in this case violated the Equal Protection Clause of the Fourteenth Amendment.
Our results are supported by three opinions: One filed by me joined by Justice Marshall, Justice Blackmun and Justice Powell; one filed by Justice Powell concurring; and one filed by Justice Stevens concurring in the judgment.
Justice O'Connor joined by the Chief Justice and Justice Scalia has filed a dissenting opinion.; Justice White has filed a dissent from the judgment of affirmants.
