San Diego Intervenors
Challenge Court Assignment of Pupils
in Carlin v. Board of Education
Toward Restoring Local Control
of San Diego Public Schools

On October 21, 1994 the Court denied the motion to terminate court jurisdiction, but did allow for the filing of a motion for reconsideration within ten days.
 

Motion for Reconsideration of Denial of Termination Request

A basis for a timely filed Motion for Reconsideration of the October 21 order was the need to respond to a filing by the Defendant Board of a supplemental memorandum “re: Grant of Certiorari by the United States Supreme Court in Missouri v. Jenkins.” U.S. Supreme Ct. Docket No. 93-1823, 63 U.S.L.W. 3211 September 26, 1994.

Postponement, due to illness of Intervenors' counsel (the author), delayed argument until after the Supreme Court's reversal of the Circuit Court in Missouri v. Jenkins, supporting Intervenors' position in a broader way.
 

Senator Kopp Joins Motion as Amicus Curiae / Interested Person

For some time the author had been in touch with California State Senator Quentin L. Kopp requesting his support for the motion to terminate all court jurisdiction. On April 11, 1994, with the permission of the Court, the Senator filed his supporting brief as Amicus Curiae and, novelly, as an Interested Person, by invoking Section 7(a), Article I, of the California Constitution.

Amicus reiterated the points of Intervenors and emphasized prophetically from a legislator's point of view the unconstitutionality of race-balancing occurring in the Defendant's plan. He argued that non-class constituents in the District were denied the democratic rights available to their counterparts in Los Angeles and other districts not under court supervision. He further noted this was a district absent a constitutional violation on its part, without which federal decisions had held there is no basis for assigning students on a racial basis, citing Swann v. Charlotte- Mecklenburg Board of Education (1971), 402 U.S. 1 at 28.

Amicus argued that in this district there was no basis for extended court supervision to achieve racial balancing, quoting Justice Scalia, in
 

Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
 

Swann 

Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 32 (1971)
Charlotte, North Carolina
 

Jenkins 

Missouri v. Jenkins, 515 U.S. 70, 115 S. Ct. 2033 (1995)
Kansas City, Missouri
 

— Handbook: Challenge Four, pages 55 - 63 —