Both the motions by the Defendant Board and Groundswell Intervenors were denied on December 12, 1981 by the newly assigned judge. Thus the San Diego district continued under court jurisdiction during the pendency of the appeal from Crawford II to the Supreme Court, which was upheld on June 29, 1982 by Crawford III, supra. That affirmance described the Los Angeles issues considered by the high court (omitting footnotes):

... Following approval of Proposition 1, the (Los Angeles) District asked the Superior Court to halt all mandatory assignment and busing of pupils. App. 185. On May 19, 1980, the court denied the District's application. The court reasoned that Proposition 1 was of no effect in this case in light of the court's 1970 finding of de jure segregation by the District in violation of the Fourteenth Amendment. Shortly thereafter, the court ordered implementation of a revised desegregation plan, one that again substantially relied upon mandatory pupil reassignment and transportation.

The California Court of Appeal reversed. 113 Cal.App. 3d 633, 170 Cal.Rptr. 495 (1981). The court found that the trial court's 1970 findings of fact would not support the conclusion that the District had violated the Federal Constitution through intentional segregation. Thus, Proposition 1 was applicable to the trial court's desegregation plan and would bar that part of the plan requiring mandatory reassignment and transportation. Moreover, the court concluded that Proposition 1 was constitutional under the Fourteenth Amendment. Id., at 654.... The court found no obligation on the part of the State to retain a greater remedy at state law against racial segregation than was provided by the Federal Constitution. Ibid. The court rejected the claim that Proposition 1 was adopted with a discriminatory purpose. Id., at 654-655....

Determining Proposition 1 to be applicable and constitutional, the Court of Appeal vacated the orders entered by the Superior Court. The California Supreme Court denied hearing... We granted certiorari… Crawford III, supra, 458 U.S. 527,532.