Bakke v. Regents of University of California, Enstrom 'Busing' Chapter7 page-113

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

113

Invoke Our Color-Blind Constitution
to End Busing

The evidence of the petitions also shows the increasing extent of opposition to busing, and should be admissible on the theory that the trial court, in acting in a legislative role as to mandatory assignments, should take it into account. Among the issues such evidence will be directed to are (1) the potentially accelerated loss of middle class students (commonly called "white flight") to the District; and (2) the adverse impact of growing opposition to the busing aspect of the plan upon the ultimate success of integration in the District. In anticipation of objections to such items of evidence, it will be pointed out they are being offered by constituents of the board — in lieu of the board's failure to act — to the court which now has the final say over busing and other district affairs. In any event, the evidence introduced by intervenors will support the following legal argument.

II. Points and Authorities

II — A. Protracted Judicial Assignment of Student Intervenors on a Racial Basis Subjects Them to Discrimination on the Ground of Race, in Violation of Title VI of the Civil Rights Act of 1964.

Section 601 of Title VI of the Civil Rights Act of 1964 (42 U.S.C.A. 2000d) provides:

No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

In Bakke v. Regents of University of California, 18 Cal.3d 34 (1976), the California Supreme Court upheld the objection of Bakke that the actions excluding him from U.C. Davis' medical school, solely on account of his Caucasian race, violated his constitutional rights under the Equal Protection Clause of the 14th Amendment.

Upon appeal to the U.S. Supreme Court, Justice Powell, in the decisive opinion in University of California Regents v. Bakke, 438 U.S. 265 (1978), held that the use of an explicit racial classification

Bakke

Bakke v. Regents of University of California, 18 Cal.3d 34 (1976)

Bakke

University of California Regents v. Bakke, 438 U.S. 265 (1978)

— Busing: Chapter 7, pages 100 - 130 —



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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