Busing —Not Integration— Opposed:
Invoke Our Color-Blind Constitution to End It  /  Chapter Three

  
49
Dissenters Recognized as Real Parties
in San Diego Case
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public school location to classes, without my consent and the consent of my parents, as a violation of my rights."

In addition, intervenors offered evidence in the form of 4127 signatures of taxpayers and/or parents and/or electors objecting to such assignments as a violation of their "procedural, statutory and constitutional rights." Exemplars, such as the excerpted exemplar (Appendix V), for each set of petitions were marked, as a part of Carlin Intervenors' Exhibit 6 for Identification on July 16, 1981. Although not admitted in evidence, they were to serve as a part of the record in event of appeal.

Earlier, the California Court of Appeal had on December 22, 1980, reversed Judge Egly, finding that the trial court's 1970 findings of fact did not support the conclusion that the Los Angeles District had violated the Constitution through intentional segregation. It concluded that Proposition 1 was constitutional under the 14th Amendment and that plaintiffs were not entitled to a greater remedy than was provided by the federal Constitution.

The Crawford plaintiffs petitioned the California Supreme Court for review, but their petition was denied in February 1981. On March 16, 1981, the Los Angeles Board directed that mandatory pupil reassignment under Judge Egly's plan be terminated. On April 20, 1981, parents were given the option to return their children to neighborhood schools, and approximately 7,000 pupils took this option, of whom 4,300 were minority students. Crawford III, supra, 458 U.S. at 534, Fn. 10.

On September 10, 1981, the Los Angeles Superior Court (Judge Robert B. Lopez, now presiding) issued its order approving the Los Angeles board's voluntary desegregation plan and discharging the writ of mandate that had been issued by that court. Judge Lopez' order terminating jurisdiction included these words:

    ... Judicial intervention is no longer appropriate. The people, who are the ultimate authority, must look to the School Board, as their elected representatives, to continue to discharge its duty under the law.

Judge Lopez' termination of all court jurisdiction has long since been final and the Los Angeles board now is freed from judicial supervision.    Next

  

Carlin Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
 
Crawford III   Crawford v. Los Angeles Board of Education, 458 U.S. 527 (1982)
Los Angeles, California
     
  Busing: Chapter 3, pages 41 - 50 — Previous Next
  
Busing —Not Integration— Opposed
Invoke our Color-Blind Constitution to End It

A Reasoned Opposition to Race-Based
Affirmative Action in Public Schools
by Elmer Enstrom, Jr.
Contents
History of the 30-year Carlin affirmative action lawsuit:
a pro bono case history of applying Constitutional principles.
  
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