Liberate Public Schools
from Government by Lawsuit  /  Phase Five
  
77
Upon Reconsideration
Court Grants Motion
to Terminate Jurisdiction
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assignment to particular seats and classrooms solely on the basis of race as without merit. It argued “this Court's jurisdiction arises under the California Constitution and not under federal law,” citing Crawford I in support. Secondly, they argued that “even if this Court could not establish (racial) preferences based upon its Order, the District, by the express terms of the (Choice) statute, could use its discretion to set up the same priorities.” They concluded on a note indicating exasperation with our continuing opposition to such preferences:

Apparently without even considering the statutory language, intervenors, based on two letters from disgruntled parents, seek any opportunity to create mischief in any program which seeks to accomplish integration....”
 

Groundswell Complains the Other
Proposed Final Orders Do Not Respect
Order to Terminate Jurisdiction at this Time

My closing argument, mailed July 18, related the January 12 formal order granting the Groundswell motions to terminate all court jurisdiction and to discharge the writ of mandate; and the presentations on March 19, May 15, May 23, and May 30, 1996, detailing modifications required to bring the present integration plan into compliance with the Constitution.

I complained:

On July 12, 1996 both the Board and the Plaintiff-Class filed memoranda opposing the modifications proposed by Intervenors, and proposed final orders which omitted reference to the discharge of the mandate and extended the Court's jurisdiction without limitation.

I reiterated my earlier arguments to require elimination of the unconstitutional aspects of the program, and upon their elimination from the plan forthwith, to discharge the writ of mandate. Also we reiterated that speculative lessening of state integration funds was not a legal basis for continuing jurisdiction, particularly since the program could continue to receive state integration funds as had the Los Angeles program long after discharge of the writ of mandate in that case. Next
 


Carlin Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
 
Crawford I   Crawford v. Board of Education, 17 Cal.3d 280 (1976)
[related to BustopBoard of Ed., etc.]
Los Angeles, California
  
  Liberate: Phase 5, pages 69 - 79 — 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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