Liberate Public Schools
from Government by Lawsuit  /  Phase Six
  
88
Court Adopts "Final" Order Terminating Jurisdiction,
but Pyrrhically not until at least January 1, 2000
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the support of two petitioning interested legislators:

Petitioners SENATOR and ASSEMBLYMAN appeared before SUPERIOR COURT on April 11, 1995 and November 8, 1995, respectively, as Interested Persons under Section 7(a).... These legislators have an interest in seeing that the expenditure of state integration funds for matters, such as transportation, arising out of unconstitutional student assignment, ceases forthwith. They also have an interest in seeing that non-class citizens are not deprived of their right to participation in the governing of the District under the above and other sections of the California Constitution, and statutes pursuant thereto, by virtue of retention of SUPERIOR COURT jurisdiction....

The current Facts before the Court of Appeal were restated.

My Argument for review of the appellate denial of granting petitioners extraordinary relief from refusal of Superior Court to compel the Board to modify its integration plan to bring it into compliance with current law under existing facts, cited support from Section 7(a):

Except as may be precluded by the Constitution of the United States, every existing judgment, decree, writ, or other order of a court of this state, whenever rendered, which includes provisions regarding pupil assignment or pupil transportation, or which requires a plan including such provisions shall, upon application to a court having jurisdiction by any interested person, be modified to conform to the provisions of this subdivision as amended, as applied to the facts which exist at the time of such modification.

Then I cited “Crawford III (1982), Dowell (1991), Freeman (1992), and Jenkins (1995)” as requiring a mandate to compel SUPERIOR COURT to apply federal decisional law in this case under the foregoing Section 7(a) which commences:

A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws; Next
 


Carlin Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
 
Crawford III Crawford v. Los Angeles Board of Education, 458 U.S. 527 (1982)
Los Angeles, California
 
Dowell Dowell v. Bd. of Educ. of Okl. City Public Schools,
(10th Cir. 1989), 890 F.2d 1483
Oklahoma City, Oklahoma
 
Freeman Freeman v. Pitts, 112 S.Ct. 1430 (1992)
DeKalb County School System (DCSS),
DeKalb County, Georgia
 
Jenkins Missouri v. Jenkins, 515 U.S. 70, 115 S. Ct. 2033 (1995)
Kansas City, Missouri 
  
  Liberate: Phase 6, pages 80 - 90 — 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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