Marino v. Ortiz
Encyclopedia
Marino v. Ortiz, was a United States Supreme Court case which resulted from a lawsuit
filed by 350 white New York City
police officers that pitted the equal protection clause
of the Fourteenth Amendment
against Title VII of the Civil Rights Act of 1964.
The case originated with a lawsuit filed by African American
and Hispanic
advocacy groups (including the Puerto Rican Legal Defense and Education Fund) alleging that a police sergeant's examination had a disparate impact because the percentage of African Americans and Hispanics that passed the examination was disproportionate to overall percentage. A proposed settlement was reached between the plaintiffs and the city of New York; all of the officers eligible for promotion based on their score would be promoted as well as enough additional minorities to achieve a proportional outcome. The settlement was approved by the United States District Court for the Southern District of New York
as a "consent decree" on an interim basis pending a hearing on its fairness and adequacy.
After the ruling but before the hearing, 350 white police officers filed suit in the same court alleging that the settlement had deprived them of equal protection of the laws under the Fourteenth Amendment. These officers were not eligible for promotion based on their scores, but they scored at least as high as the lowest scoring minority promoted under the terms of the consent decree. However, they did not seek to become party to the lawsuit that originated the settlement. The consent decree was ultimately approved, and as a result the white police officers' lawsuit was dismissed. They appealed both the dismissal of their lawsuit and the consent decree itself.
When oral arguments for the case were held in the fall of 1987, the court had only eight members. Lewis F. Powell, Jr. had retired from the court earlier in the year, the Senate had rejected Robert Bork
's confirmation two months prior, and Anthony Kennedy
would not be confirmed until after the decision was announced. This resulted in a gridlock 4-4 tie vote in the matter of whether the white officers were correct to file a separate suit challenging the settlement. This being the case, the lower court ruling dismissing the suit was affirmed, but no precedent was set. The court unanimously agreed that the officers could not appeal the consent decree directly, because "only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment."
Though the court's ruling did not directly address the constitutional issues raised, it foreshadowed a legal battle to come. Judge Sonia Sotomayor
, President Obama
's nominee to the court, promoted the minority officers' cause while at the Puerto Rican Legal Defense and Education Fund and would later rule against white plaintiffs in a similar case, Ricci v. DeStefano
, in a decision that the Supreme Court would overturn by a 5–4 vote.
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
filed by 350 white New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
police officers that pitted the equal protection clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
against Title VII of the Civil Rights Act of 1964.
The case originated with a lawsuit filed by African American
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
and Hispanic
Hispanic and Latino Americans
Hispanic or Latino Americans are Americans with origins in the Hispanic countries of Latin America or in Spain, and in general all persons in the United States who self-identify as Hispanic or Latino.1990 Census of Population and Housing: A self-designated classification for people whose origins...
advocacy groups (including the Puerto Rican Legal Defense and Education Fund) alleging that a police sergeant's examination had a disparate impact because the percentage of African Americans and Hispanics that passed the examination was disproportionate to overall percentage. A proposed settlement was reached between the plaintiffs and the city of New York; all of the officers eligible for promotion based on their score would be promoted as well as enough additional minorities to achieve a proportional outcome. The settlement was approved by the United States District Court for the Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
as a "consent decree" on an interim basis pending a hearing on its fairness and adequacy.
After the ruling but before the hearing, 350 white police officers filed suit in the same court alleging that the settlement had deprived them of equal protection of the laws under the Fourteenth Amendment. These officers were not eligible for promotion based on their scores, but they scored at least as high as the lowest scoring minority promoted under the terms of the consent decree. However, they did not seek to become party to the lawsuit that originated the settlement. The consent decree was ultimately approved, and as a result the white police officers' lawsuit was dismissed. They appealed both the dismissal of their lawsuit and the consent decree itself.
When oral arguments for the case were held in the fall of 1987, the court had only eight members. Lewis F. Powell, Jr. had retired from the court earlier in the year, the Senate had rejected Robert Bork
Robert Bork
Robert Heron Bork is an American legal scholar who has advocated the judicial philosophy of originalism. Bork formerly served as Solicitor General, Acting Attorney General, and judge for the United States Court of Appeals for the District of Columbia Circuit...
's confirmation two months prior, and Anthony Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
would not be confirmed until after the decision was announced. This resulted in a gridlock 4-4 tie vote in the matter of whether the white officers were correct to file a separate suit challenging the settlement. This being the case, the lower court ruling dismissing the suit was affirmed, but no precedent was set. The court unanimously agreed that the officers could not appeal the consent decree directly, because "only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment."
Though the court's ruling did not directly address the constitutional issues raised, it foreshadowed a legal battle to come. Judge Sonia Sotomayor
Sonia Sotomayor
Sonia Maria Sotomayor is an Associate Justice of the Supreme Court of the United States, serving since August 2009. Sotomayor is the Court's 111th justice, its first Hispanic justice, and its third female justice....
, President Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
's nominee to the court, promoted the minority officers' cause while at the Puerto Rican Legal Defense and Education Fund and would later rule against white plaintiffs in a similar case, Ricci v. DeStefano
Ricci v. DeStefano
Ricci v. DeStefano, 129 S. Ct. 2658, 2671, 174 L. Ed. 2d 490 is a decision by the Supreme Court of the United States arising from a lawsuit brought against the city of New Haven, Connecticut by twenty city firefighters alleging that the city discriminated against them with regard to promotions...
, in a decision that the Supreme Court would overturn by a 5–4 vote.
See also
- List of United States Supreme Court cases, volume 484
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court
External links
- 484 U.S. 301 Full text of the opinion courtesy of Findlaw.com.