Busing —Not Integration— Opposed:
Invoke Our Color-Blind Constitution to End It  /  Chapter Two

Dissenters' Voices Muted in Legal Cases
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Shortly after the rejection of my essay, I concluded that the Groundswell group merited pro bono representation, to which they would contribute to my out-of-pocket expenses. Although I knew then it would be a major undertaking, I did not foresee that this 1967 Carlin case would still be pending at this writing before the third Superior Court judge to hear it since my first appearance in 1979. Nor could I have anticipated that I would file in 1990 and 1991 amici curiae briefs in two cases before the U.S. Supreme Court in the hope they would help dissuade that court from ruling in favor of the court-ordered busing of students being urged by busing proponents in the Oklahoma City and DeKalb County, Georgia, school districts. Those briefs, which will be discussed later, contain some of the constitutional arguments which will be advanced here for terminating busing edicts now in effect in the country.

As may be seen from my writings before April, 1979, much of my concern arose from the judicial decisions being rendered in the Crawford case in Los Angeles, which were being urged as precedents in the San Diego case. In Crawford the Los Angeles school board had devised a plan to mandatorily bus about 40,000 students starting in the fall, 1978. A nonprofit corporation, Bustop, Inc., whose members were parents in Los Angeles opposed to busing, on July 19, 1978, asked Los Angeles Superior Court Judge Paul Egly to suspend the plan, but he had denied its request.

On September 1, 1978, a California Court of Appeal stayed implementation of part of that plan. But shortly thereafter, the California Supreme Court, then headed by Chief Justice Rose Bird, set aside this stay clearing the way for the busing to proceed.

Bustop then unsuccessfully petitioned United States Supreme Court justices William H. Rehnquist and Lewis F. Powell, Jr., respectively, to reinstate the stay of busing scheduled to start in a few days.

Thus, the busing of many unwilling Los Angeles school children, started in the fall, 1978, was continuing in May, 1979, when their    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
  Busing: Chapter 2, pages 29 - 40 — Previous Next
Busing —Not Integration— Opposed
Invoke our Color-Blind Constitution to End It

A Reasoned Opposition to Race-Based
Affirmative Action in Public Schools
by Elmer Enstrom, Jr.
History of the 30-year Carlin affirmative action lawsuit:
a pro bono case history of applying Constitutional principles.
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