BOSTON FIREFIGHTERS UNION, LOCAL 718
v.
BOSTON CHAPTER, NAACP, ET AL.
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The Supreme Court vacated a First Circuit decision upholding district court orders that had enjoined the Boston Police and Fire Departments from conducting layoffs in a manner that would reduce the percentage of minority officers below July 1981 levels, thereby superseding Massachusetts's statutory last-hired, first-fired civil service layoff scheme. The Court remanded for reconsideration of whether the case had become moot in light of subsequent Massachusetts legislation that reinstated all laid-off personnel, secured them against future layoffs, and mandated minimum staffing levels through June 1983.
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Per Curiam.
In these cases, the United States Court of Appeals for the First Circuit upheld the District Court’s August 7, 1981, orders enjoining the Boston Police and Fire Departments from laying off policemen and firefighters in a manner that would reduce the percentage of minority officers below the level obtaining at the commencement of layoffs in July 1981. 679 F. 2d 965 (1982). These orders had the effect of partially superseding the operation of the State’s statutory last-hired, first-fired scheme for civil service layoffs, Mass. Gen. Laws Ann., ch. 31, § 39 (West 1979). Following the Court of Appeals’ decision, Massachusetts enacted legislation providing the city of Boston with new revenues, requiring reinstatement of all police and firefighters laid off during the reductions in force, securing these personnel against future layoffs for fiscal reasons, and requiring the maintenance of minimum staffing levels in the Police and Fire Departments through June 30, 1983. See 1982 Mass. Acts, ch. 190, § 25. In light of these changed circumstances, we vacate the judgment of the Court of Appeals and remand for consideration of mootness in light of 1982 Mass. Acts, ch. 190, § 25.
It is so ordered.
Justice Marshall took no part in the consideration or decision of these cases.
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Kromnick v. Sch. Dist. OF Philadelphia, 739 F.2d 894 (3d Cir. 1984)…the merits. See DeFunis v. Odegaard, 416 U.S. 312, 94 S.Ct. 1704, 40 L.Ed.2d 164 (1974); Min-nick v. California Dept. of Corrections, 452 U.S. 105, 101 S.Ct. 2211, 68 L.Ed.2d 706 (1981); Boston Firefighters Union Local 718 v. Boston Chapter, NAACP, 461 U.S. 477, 103 S.Ct. 2076, 76 L.Ed.2d 330 (1983). For some interesting academic comment on the avoidance of the merits in DeFunis and Minnick; see Mishkin, The Uses of Ambivalence: Reflections on the Supreme Court and the Constitutionality of Affirmative Acti…1 / 2
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- Boston Chapter v. Beecher, 679 F.2d 965 (1st Cir. 1982)