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

The San Diego Dissenters' Formula
for Opposing Busing
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In Chapter Three, I relate the major legal points raised by the San Diego busing dissenters in the course of their success in being recognized as real parties in interest. Later in that chapter, I point out the feeling that our points have been instrumental in preventing "forced" busing during the continuing pendency of the Carlin case since our intervention in December, 1980. However, as noted, the appeals of the busing advocates from the integration orders omitting mandatory busing segments were dropped, as was our cross-appeal, so the points were not tested on appeal.

Since then we have not been able to articulate those points in the legal media. Nor was there reference by the Supreme Court to those points placed before it in the amici briefs filed by the Carlin intervenors in support of the school boards in the Oklahoma City and DeKalb County cases, as explained in Chapter Four. It was simply too much to expect that these points would even approach gaining the recognition given the "affirmative integration" point of amici in Jackson by the California Supreme Court. This hoped-for recognition would have been extraordinary regardless of the success of the Jackson amici in raising a point beyond those raised in the record and the briefs presented by the parties. As a result, the merit of the continuing effort of the San Diego dissenters' in opposing busing must necessarily be preserved for their counterparts elsewhere by this book. But any contemplation by such counterparts, and their attorneys, of borrowing from the San Diego experience must take into account the difficulties they will face. Chapters Four and Five illustrate the dedicated opposition they will face in any effort to end busing ordered by decrees obtained by those busing advocates.

This chapter will focus on the difficult procedural steps it took in San Diego to mount legal impediments to busing so the experience will be available to other dissenters in related efforts to gain the freedom of students to attend their neighborhood schools. The major steps

Jackson Jackson v. Pasadena City School Dist., 59 Cal.2d 876 (1963)
Pasadena, California
Carlin Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, 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, Georgia
  Busing: Chapter 6, pages 81 - 99 — 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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