The Issue:
Affirmative Action, known as "Busing",
in Public Schools under Judicial Aegis
An important issue today is judicially sanctioned affirmative action in public schools, known simply as "busing", to racially balance them. Mandatory busing of innocent students, on a racial basis, is generally considered "reverse discrimination" as evidenced by recent state legislation and judicial rulings against such forms of affirmative action. There are constitutional objections —
  1. To such discrimination in desegregation class actions, and
  2. To perpetuating the cases by which it is imposed.

Busing - Opposed, Cover (small) The issue is first examined in the book Busing —Not Integration— Opposed, by Elmer Enstrom, Jr., a public interest lawyer, evolving from his pro bono representation of San Diego anti-busing parents and students in Carlin v. Board of Education from 1980 until the case's end in 1998. Enstrom recounts his clients' success in intervening and posing constitutional objections to prevent forced busing in the Carlin case.

Liberate Public Schools, Cover (small) Enstrom further examines the issue in the sequel, Liberate Public Schools from Government by Lawsuit, relating chronologically the constitutional steps against both racial discrimination and the lawsuit means by which it is being accomplished. He recounts his clients' success in convincing the Court to end supervision of the school district by ending the Carlin case.

These works show how persons aggrieved by forced busing may Invoke Our Color-Blind Constitution to End It. They present a Reasoned Opposition to Race-Based Affirmative Action in Public Schools to the presidentially-invited national dialogue on race.

You may follow the proceedings in Carlin v. Board of Education

  • By beginning with the Summary or Foreword of Busing —Not Integration— Opposed and clicking the arrows; read a capsule background on the Author; or look at its Contents for an overview;
    and / or optionally
  • By turning to the Constitution quotes concerning Separation of Powers, then the Summary or Foreword of Liberate Public Schools, or its Contents for an overview; etc.

Parental Handbook, Cover (small) Does race remain a consideration in the school assignment of students in America? See also Enstrom's November 1999 Presentation to the Board of Education, San Diego City Schools; and a National Public Radio debate, Public Schools in Black and White.

Referenced Rights Cases by Title
Referenced Rights Cases by Date
Referenced U.S. Supreme Court Justices
Liberate Public Schools: Summary
Busing —Not Integration— Opposed: Summary
Parental Handbook: Summation

Enstrom Foundation
History & analysis of the 30-year Carlin affirmative action lawsuit.
Busing —Not Integration— Opposed: Contents
Liberate Public Schools from Government by Lawsuit: Contents
Parental Handbook: Contents
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