decrees, in prolonging court jurisdiction, and in opposing a separate voice by the non-class constituents in the litigation.

Many of these cases, with their effective orders, have pended in 2000 upwards of thirty years, which period Carlin litigation reached in 1997. This is truly “government by lawsuit,” to which Justice Jackson devotes Chapter IX of his book. Earlier he had seen judgments end such legislative actions as the right to minimum wages to be later restored by the Court as he had urged, and then observed at the bar. He starts his chapter noting that the long struggle between the Supreme Court and the Roosevelt administration was over —

But from the aggregate experience there seem to me to emerge large questions that relate to the extent to which we are governed by judgments in lawsuits, the fitness of the judicial process for such a function, the restraint shown by the Court toward problems within its scope, and the very urgent necessity for improving the procedures of constitutional litigation.

The struggle by non-class constituents to provide their answer to these pertinent questions as to judicial legislation affecting them is more difficult, as illustrated, than it was for his administration. Their choice realistically, without ability to obtain counsel to interject their answer, is between moving out of the district or acceding to a decree contrary to their individual interests. Congress, of course, passed the Judiciary Act of 1937 to assure a voice by the Solicitor General in litigation affecting legislative functions. This voice proved to be central to the successful struggle to maintain the rightful legislative role in the then-solicitor general's time.

A legal voice in behalf of the non-class constituents in school districts subject to “desegregation” class actions is similarly essential if democratic processes are to be restored there. Toward this end San Diego Groundswell constituents offer their experience to others similarly determined to remain in their school districts, and assert their constitutional rights in those cases.

This Sequel restates ways non-class constituents in pending state and federal “desegregation” cases can provide their answer to Justice Jackson's questions about government by lawsuit. Justice Jackson's struggle was over as he, then the Administration's attorney, watched the Court uphold