Liberate Public Schools
from Government by Lawsuit  /  Phase Four
  
67
Groundswell Intervenors
Again Seek End of Court Jurisdiction
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events; and finally to summarize them for the Court in a supplemental memorandum.

In that memorandum, mailed November 1, I first related the primary basis for reconsideration, namely the grant of a hearing on the certiorari petition in Missouri v. Jenkins shortly before denial on October 21, 1994 of Intervenors' motion to terminate jurisdiction.

Then as part of the Background of case, I pointed out the new matters occurring after denial of the motion:

April 11, 1995
Brief by State Senator Quentin L. Kopp as Amicus Curiae and Interested Person in Support of Motion for Reconsideration.

June 12, 1995
Missouri v. Jenkins, 115 S.Ct. 2033, 132 L.Ed 2d 63, rendered.

September 19, 1995
Motion by Marion Nixon, et al., to Intervene (denied October 23, 1995; motion for reconsideration pending).
 

New Facts Support Reconsideration

At this point it is not necessary to discuss in detail how the Joinder by Senator Kopp and the Proposed Intervention supported reconsideration because my motion was granted. But they do become pertinent later in these proceedings as it became apparent that the Court's termination order was going to be “sunsetted” with uncertain finality.

The pertinency of the Kopp joinder with Intervenors, as well as a second joinder I obtained (and filed with this memorandum) from a state assemblyman, part of whose constituency lived in the District, is evident from contents of the Kopp joinder, supra.

The unsuccessful Motion by the Nixon Group, classified as “Minorities,” to Intervene was for the purpose of enabling those persons to make better progress educationally. In our view, their argument supported termination of jurisdiction because the scholastic failure of these “minorities” had occurred under court authority over the District since 1977. Next
 


Carlin Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
 
Jenkins Missouri v. Jenkins, 515 U.S. 70, 115 S. Ct. 2033 (1995)
Kansas City, Missouri
  
  Liberate: Phase 4, pages 57 - 68 — 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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