57 Fair empl.prac.cas. (Bna) 902, 57 Empl. Prac. Dec. P 41,141 Anne G. Stuart v. Francis M. Roache, as He is Police Commissioner of the City of Boston

BREYER, Chief Judge.

For the past eleven years the Boston Police Department, when promoting officers to the position of sergeant, has followed terms of a Consent Decree that require it to favor minority officers solely because of their race. The basic question on this appeal is whether, in light of a recent Supreme Court case, City of Richmond v. J.A. Croson Co., 488 U.S. 469, 109 S.Ct. 706, 102 L.Ed.2d 854 (1989), those Consent Decree terms remain legally binding. We conclude that Croson has not radically changed applicable preexisting law and that the Consent Decree remains legally valid.

I

Bac…