Liberate Public Schools
from Government by Lawsuit  /  Phase Eight
  
106
The Struggle Continues Countrywide
to End Race-Based Assignments
in Public Schools
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the destiny of their children free from improper state action against them and their children, in violation of the due process clause of the 14th Amendment;” and (C) infringed “upon the liberty and privacy of student intervenors by state action in violation of the Due Process Clause of the 14th Amendment and Article [sic] IX.”

They made this additional constitutional claim (id., 47):

If ordered by the Court, it infringes upon the other branches of government and upon the rights of Intervenors to the governing participation concerning the District to which they are entitled, in violation of the guarantee of a republican form of government, under Article IV, Section 4, and of the Due Process Clause of the 14th Amendment.

Busing — Opposed lists Intervenors' other claims (id., 46-47), including those made under (A) the Civil Rights Act of 1964 and (B) a California statute providing for taxpayers' suits against unconstitutional governmental actions. The trial on the various claims is then depicted (id., 86-96).
 

Hypothetical Claims by
“Anti-Busing” Constituents
in School Districts Sued in Federal Court

Chapter 7, Busing — Opposed, hypothesizes claims (id., 106-107) to apply to the exercise of jurisdiction by a federal judge instead of a state judge.

Individual non-class constituents could claim that mandatory racial assignments subjected them to discrimination on the ground of race under a program receiving federal financial assistance in violation of Title VI of the Civil Rights Act of 1964 (id., 106).

They could next claim (id., 107) under the United States Constitution that such assignments (A) infringed upon the liberty and privacy of student constituents; (B) infringed upon liberty of their parents to guide the destiny of their children, in violation of the Due Process of the 5th Amendment and Next
 


Carlin Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
 
Carlin Board of Education v. Superior Court, 61 Cal.App.4th 411 (Feb.1998)
[conclusion of Carlin v. Board of Education]
San Diego, California
  
  Liberate: Phase 8, pages 102 - 114 — 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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