Cleveland Firefighters for Fair Hiring Practices v. City of Cleveland

I must dissent. This case arises out of a struggle spanning three decades to remedy a judicial finding of racial discrimination in the hiring practices of the Cleveland Fire Department. While the majority places much weight on the lifespan of the remedy, it gives short shrift to the fact that the invidious past discrimination by the Cleveland Fire Department responsible for the racial disparities among firefighters has itself operated with impunity for countless years. After three federal district judges had established the unconstitutionality of the City of Cleveland’s hiring practices, all…