Conclusion

presentation, by way of counsel to whom “pro bono service is a hallmark of the legal profession.” See ABA Journal, Feb. 1998, “President's Message.”

In particular, a review as to the Green factor of student assignment could be presented by parents, as amici curiae, who are real parties in interest as to that factor. Official records of the trial courts and the school districts alone will warrant such presentations where they reflect a situation similar to that presented by former Solicitor General Lee (Challenge 3, pp. 47-51) for release of court jurisdiction in that category in Freeman:

... Rex E. Lee, of Provo, Utah, argued before the Supreme Court on behalf of DCSS. According to Lee, DeKalb County grew rapidly after the issuance of the 1969 order to desegregate. Since that time, he said, the percentage of black students in the school population increased from 5 to 50 percent. And, he continued, the district court concluded it was the shift in population that caused the resegregation, not any action taken by DCSS....

The approach Lee urged upon the court was for it to look at what caused the segregation in question. If you do that, he said, Pasadena... disposes of both issues in this case. First, he said, the demographic shifts are not attributable to DCSS, and thus should not reflect upon its unitary status. Second, the non-attainment of one factor in Pasadena did not require an overall change in the other factors.

Lee shifted gears and closed with a discussion of federalism and the efficient allocation of resources. Under Dowell, he said, school systems should be run by local governing bodies, and not federal courts. For 22 years, DCSS has been trying to obey the law, but now, due to circumstances beyond its control, it is being told it will have to continue under court supervision for an indefinite length of time. Under the Eleventh Circuit's opinion, Lee noted, his clients are looking to more busing and radical gerrymandering....

Amici curiae parents could similarly argue that demographic shifts should not reflect upon the unitary status of the student assignment Green
 

Green 

Green v. County School Board, 391 U.S. 430 (1968)
New Kent County, Virginia
 

Pasadena 

Pasadena City Bd. of Educ. v. Spangler, 427 U.S. 424 (1976)
Pasadena, California
 

Dowell 

Board of Ed. of Oklahoma City v. Dowell, 498 U.S. 237 (1990)
Oklahoma City, Oklahoma
 

Freeman 

Freeman v. Pitts, 503 U.S. 467, 112 S.Ct. 1430 (1992)
DeKalb County School System (DCSS),
DeKalb County, Georgia
 

— Handbook: Conclusion, pages 85 - 88 —