In Justice Jackson's tradition, I am passing on our lessons to other non-class constituents facing endeavors by school boards similarly to perpetuate judicially sanctioned student racial assignments. Such endeavors are occurring elsewhere, such as one apparently emanating from the Charlotte-Mecklenburg school “desegregation” class action known originally as the Swann case. These school board endeavors are a potent force in the perpetration of class actions, especially when supported in some instances by the United States Attorney General's Assistants and National School Boards Association.

Accordingly, throughout the country, there is a need to provide answers to Justice Scalia's query in 1992 in Freeman, involving a Georgia school district, as to ending jurisdiction over many other districts in the country (112 S.Ct. at 1450):

... (W)hat is to be done in the vast majority of other districts, where, though our cases continue to profess that judicial oversight of school operations is a temporary expedient, democratic processes remain suspended, with no prospect of restoration, 38 years after Brown v. Board of Education.... Scalia, J., in concurrence.
 

The People Must Regain
Their Rightful Voice in the
Public Schools They Provide

Upon the abdication of the school boards in many districts to judicial jurisdiction, the answer to the query by the Groundswell Intervenors is that non-class constituents of those boards must similarly exercise their constitutional rights. Accordingly, we hope our experience will aid such endeavors.

The answer to this query is not easy because there are hundreds of school districts throughout the country still judicially governed by reason of “desegregation” class actions versus their boards of education. The non-class constituents of the sued boards in virtually all these cases are not, and never have been, parties; yet there is an inherent conflict of interest between them and their boards. This becomes particularly obvious when their boards join with a plaintiff-class in “desegregation” plans and