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

  
102
Invoke Our Color-Blind Constitution
to End Busing
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those districts I will call "City School District."

In 1988 over 28,000 signatures of constituents, of both the white and black races, of the City School District calling for the Board to seek the option of neighborhood schools for its students were presented to the Board, such as reportedly occurred in Cleveland. National Association for Neighborhood Schools (NANS) Bulletin #52, Dec. 1988, pages 1-2. After a series of events and changes in the composition of the school board and its position concerning seeking unitary status, City District still remained under a federal court busing order at the end of 1992, as has reportedly happened in Cleveland. NANS Bulletin #66, Dec.1992 - Jan. 1993. Among those events was the replacement by the Court of five new plaintiffs; one of the original plaintiffs having sued the plaintiff attorneys saying he wanted only freedom to attend the school of his choice and had, instead, been used to cause forced busing in the District, to which he is opposed, as has reportedly occurred in Cleveland. NANS Bulletin #65, July-Aug. 1992, p. 6.

A former judge, I will call "Public Interest Lawyer", retired in City District in 1988 after a career which saw him practicing law first as a public prosecutor, then as a public defender and finally as a private practitioner before being appointed to the bench. Along with this extensive legal experience, he is a legal-history buff and a great admirer of the United States Constitution and rule by law, not "men", accomplished by the separation of governmental powers.

Lawyer has perceived during his legal experiences a need for counsel by persons with civil claims who, because of the type of their cause, the amount of their income or for some other reason, could not obtain pro bono assistance provided by bar or legal services programs. Because of the complexity of their causes, their relatively modest incomes, and the expenses and time it would take on the part of any counsel undertaking representation, they remained unable to retain the counsel necessary to pursue their rights in court.

With a satisfactory retirement program, rather than returning to private practice or engaging in private judging, Lawyer has become interested in the type of public interest practice which would meet the need described above in matters posing legal challenges. After some traveling, he prepared for practice in his home with the idea of being able
 

         Busing: Chapter 7, pages 100 - 130 — PreviousNext
  
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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