Get FREE NRO Newsletters

 

June 11 Issue  |  Subscribe  |  Renew

Close

New on NRO . . .

Bench Memos

NRO’s home for judicial news and analysis.


Print   |  Text
 

This Day in Liberal Judicial Activism—May 3

1984—Federal district judge H. Lee Sarokin modifies a consent decree to require that layoffs of New Jersey firefighters be on a proportional quota basis rather than (as state law provided) according to seniority.  The result is that white firefighters with more seniority were to be laid off in favor of minority firefighters with less seniority.  In an especially bizarre twist, Sarokin rules that his order constitutes an unconstitutional taking of the seniority rights of white firefighters, and he orders the federal government, which opposed his order, to provide compensation for the taking!  Sarokin expresses sympathy for the white firefighters, stating that they are “not themselves the perpetrators of the wrongs inflicted upon minorities over the years [but] are being singled out to suffer the consequences.”

In June 1984, after the Supreme Court’s ruling in Firefighters v. Stotts forces Sarokin to change his order and to have seniority govern layoffs, Sarokin changes his tone and attacks the white firefighters:  “If they have not directly caused the discrimination to occur, many have certainly condoned it by their acquiescence, their indifference, their attitudes and prejudices, and even their humor.” 

Tags: This Day in Liberal Activism

New on Bench Memos. . .


COMMENTS   0

EXPAND  

Add a Comment

Already Registered? Log In Here.




* Designates a required field.
© National Review Online 2012
All Rights Reserved.
Subscriptions
NR / Print
NR / Digital

Gift Subscriptions
NR / Print
NR / Digital
NR Apps
iPhone/iPad
Android

NRO Apps
iPhone
Support Us
Donate
Media Kit
Contact