MINNICK v. CALIFORNIA DEPT. OF CORRECTIONS

No. 79-1213.

452 U.S. 105 (1981)

MINNICK ET AL. v. CALIFORNIA DEPARTMENT OF CORRECTIONS ET AL.

Supreme Court of United States.

Decided June 1, 1981.


Attorney(s) appearing for the Case

Ronald Yank argued the cause for petitioners. With him on the briefs was Gary M. Messing.

Stuart R. Pollak argued the cause for respondents. With him on the brief was Steven Lee Mayer.*

Briefs of amici curiae urging affirmance were filed by Solicitor General McCree, Assistant Attorney General Days, Deputy Solicitor General Wallace, Edwin S. Kneedler, Brian K. Landsberg, Jessica Dunsay Silver, Leroy D. Clark, Lutz Alexander Prager, and Paul E. Mirengoff for the United States et al.; by Robert Abrams, Attorney General of New York, Shirley Adelson Siegel, Solicitor General, Robert Hermann and Peter Bienstock, Assistant Attorneys General, and Daniel Berger, Deputy Assistant Attorney General, for the New York State Department of Correctional Services; by Charles Stephen Ralston, Jack Greenberg, Eric Schnapper, O. Peter Sherwood, and Barry L. Goldstein for the city of Detroit; by E. Richard Larson, Isabelle Katz Pinzler, and Bruce J. Ennis for the American Civil Liberties Union et al.; and by Mark N. Aaronson and Thomas A. Seaton for the California Department of Fair Employment and Housing et al.

Briefs of amici curiae were filed by J. Albert Woll, Laurence Gold, Michael H. Gottesman, and Robert M. Weinberg for the American Federation of Labor and Congress of Industrial Organizations; and by Ronald A. Zumbrun and John H. Findley for the Pacific Legal Foundation.


JUSTICE STEVENS delivered the opinion of the Court.

Petitioners contend that an affirmative-action plan adopted by the California Department of Corrections in 1974 is unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. The trial court agreed and entered judgment in petitioners' favor. The California Court of Appeal reversed, 95 Cal.App.3d 506, 157 Cal.Rptr. 260

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