Liberate Public Schools
from Government by Lawsuit  /  Phase Two
  
40
Groundswell Dissenters
Gain Intervenor Status
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On September 8, 1981, the Carlin Judge filed his Order Re: Integration Plan 1981-1982. This was the distinguished trial judge's last act in this case, from which he resigned, to be followed by two similarly respected judges before it concluded.
 

Court Jurisdiction
Ends in Los Angeles

Earlier in 1981, following the denial of review of Crawford II by the California high court, the Los Angeles Board directed that mandatory student assignments be ended there. On April 20, 1981, approximately 7,000 pupils took the option to return to their neighborhood schools, of whom 4,300 were minority students. Crawford III, supra, 458 U.S. at 534, Fn.10. That board followed that action by efforts to end judicial jurisdiction over the Los Angeles District.

On September 10, 1981, the newly-presiding Los Angeles Superior Court judge terminated jurisdiction in the Crawford case by approval of a voluntary integration plan and discharge of the writ of mandate, with 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.
 

New San Diego Judge Denies Motions by
San Diego Board and Groundswell Dissenters
to Terminate Jurisdiction

Five days later, on September 15, relying strongly upon the Los Angeles precedent, the San Diego Board moved to similarly terminate the Carlin case. The next day, on September 16, the Groundswell Intervenors also so moved, adding the grounds that it would restrain the Carlin Plaintiffs (1) from seeking court-ordered busing in violation of Proposition 1, and (2) from seeking to racially discriminate against Groundswell students by state-imposed busing in violation of the 14th Amendment. Next
 


Carlin Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
 
Crawford II Crawford v. Board of Education, 113 Cal.App.3d 633 (1980)
Los Angeles, California
 
Crawford III Crawford v. Los Angeles Board of Education, 458 U.S. 527 (1982)
Los Angeles, California
  
  Liberate: Phase 2, pages 30 - 47 — Previous Next
  

Liberate Public Schools
from Government by Lawsuit

A Long Pro Bono Struggle
Against Racially Balancing Public School Students
in a Thirty-Year Lawsuit
by Elmer Enstrom, Jr.
  
Contents
A chronological presentation of the 30-year Carlin affirmative action lawsuit:
a legal battle to reassert the "separation of powers" concept
of a republican form of government embodied in our Constitution.
  
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