UNITED STATES v. PARADISE

No. 85-999.

480 U.S. 149 (1987)

UNITED STATES v. PARADISE ET AL.

Supreme Court of United States.

Decided February 25, 1987


Attorney(s) appearing for the Case

Solicitor General Fried argued the cause for the United States. With him on the briefs were Assistant Attorney General Reynolds, Deputy Solicitor General Lauber, Deputy Assistant Attorney General Carvin, Roger Clegg, Walter W. Barnett, David K. Flynn, and Clint Bolick.

J. Richard Cohen argued the cause for respondents. With him on the brief for respondents Paradise et al. were Morris S. Dees, Jr., and Arthur Z. Lazarus, Jr. Edward L. Hardin, Jr., filed a brief for respondents Alabama Department of Public Safety et al. under this Court's Rule 19.6. James S. Ward filed a brief for respondents McClellan et al. under this Court's Rule 19.6.*

Briefs of amici curiae urging affirmance were filed for the State of New York et al. by Robert Abrams, Attorney General, O. Peter Sherwood, Solicitor General, Lawrence S. Kahn, Deputy Solicitor General, and Suzanne M. Lynn, Jon C. Dubin, and Elvia Rosales Arriola, Assistant Attorneys General, and by the Attorneys General for their respective States as follows: John K. Van de Kamp of California, Neil F. Hartigan of Illinois, William J. Guste, Jr., of Louisiana, Stephen H. Sachs of Maryland, Frank J. Kelley of Michigan, Hubert H. Humphrey III of Minnesota, Charles G. Brown of West Virginia, and Bronson C. La Follette of Wisconsin; for the city of Birmingham, Alabama, by James P. Alexander and James K. Baker; for the NAACP Legal Defense & Educational Fund, Inc., by Julius L. Chambers, Ronald L. Ellis, Eric Schnapper, and Clyde E. Murphy; and for the Lawyers' Committee for Civil Rights Under Law et al. by Robert D. Joffe, Thomas D. Barr, Robert F. Mullen, Harold R. Tyler, Jr., James Robertson, Norman Redlich, William L. Robinson, Richard T. Seymour, and Stephen L. Spitz.

Daniel B. Edelman, James R. Murphy, Charles L. Reischel, Frederick N. Merkin, and Robert Cramer filed a brief for the city of Detroit et al. as amici curiae.


JUSTICE BRENNAN announced the judgment of the Court and delivered an opinion in which JUSTICE MARSHALL, JUSTICE BLACKMUN, and JUSTICE POWELL join.

The question we must decide is whether relief awarded in this case, in the form of a one-black-for-one-white promotion requirement to be applied as an interim measure to state trooper promotions in the Alabama Department of Public Safety (Department), is permissible under the equal...

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