Liberate Public Schools
from Government by Lawsuit  /  Phase Two
  
43
Groundswell Dissenters
Gain Intervenor Status
Previous Next

My clients had the status of amici curiae on October 2, 1979, but we responded in a brief filed July 23, 1981 entitled:

Brief of Groundswell, et al., as Interested Persons, as Amici Curiae, and as Real Parties in Interest, in Support of Respondent Board of Education, San Diego Unified School District.

The Groundswell parents and students, facing a judicial thrust aimed at them when they were unjoined parties, so common to other similarly situated persons in these desegregation actions, made the following points:

  1. Appellants Seek to Impose Obligations Upon Respondent (Board of Education) Which Would Impact Upon Unjoined Persons in Violation of the California Constitution, as Amended on November 6, 1979.
     
  2. The Additional Affirmative Relief Sought on Appeal Against Unjoined Third Parties Should be Denied.
     
  3. Appellants Seek to Subject Objecting Students to Discrimination on the Grounds of Race Under a Program Receiving Federal Financial Assistance, in Violation of the Civil Rights Act of 1964.
     
  4. Appellants Seek State Action Discriminating Against Unjoined Interested Persons, Because of Their Race, in Violation of the Equal Protection Clause of the Fourteenth Amendment.
     
  5. Appellants Seek State Action Infringing Upon the Liberty and Privacy of Unjoined Interested Children, in Violation of the United States Constitution.
     
  6. Appellants Seek State Action Infringing Upon the Liberty of Unjoined Interested Parents, in Violation of the Due Process Clause of the Fourteenth Amendment.
     
  7. The Judicial Action Sought by Appellants Would Abrogate Powers Reserved to the People and other California Governing Authorities, in Violation of the Guarantee Clause of the Constitution. Next
     

Carlin Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, 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.
  
© 1998-2006, 2013 Enstrom Foundation www.EnstromFoundation.org Bookmark and Share