Legal Opinion · Dissent

Hammon v. Barry

Court of Appeals for the D.C. Circuit

Decided February 27, 1987No. Nos. 85-5669, 85-5670 and 85-5671Published

1DissentMikva, Circuit Judge

As of April 1, 1984, the Fire Department of the District of Columbia was 38 percent black. The officer corps of the Fire Department was 26 percent black. In a city where the working-age population at the time was about 70 percent black, this disproportion is curious. Black applicants from the city have outnumbered whites for as long as anyone can remember; in 1984, for example, blacks constituted 64.6 percent of the total number of applicants.

Plainly and simply, the Fire Department’s curious makeup is the product of discrimination. The District of Columbia for years followed a policy of overt…

2Cases cited21 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Griggs v. Duke Power Co.Supreme Court of the United States · 1971
  3. Albemarle Paper Co. v. MoodySupreme Court of the United States · 1975
  4. Swann v. Charlotte-Mecklenburg Board of EducationSupreme Court of the United States · 1971
  5. Regents of the University of California v. BakkeSupreme Court of the United States · 1978

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