Johnson v. Transportation Agency

This “reverse discrimination” case presents some difficult questions arising from the application of an affirmative action plan. I conclude that the record before us is insufficient to make broad pronouncements of judicial policy. I would vacate and remand this case for two reasons. First, the record suggests that the *760district court improperly allocated the burdens of persuasion and production between the parties. Second, the court did not make sufficiently detailed findings on the plan to hold it invalid.

I

The facts of this case, referred to in part by the majority, are significant. Johnson,…