Liberate Public Schools
from Government by Lawsuit  /  Phase Three
Groundswell Dissenters
Befriend Counterparts in Supreme Court
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I anticipated the Oklahoma City case would reach the Supreme Court where no doubt parents and students there had pressured their board to eliminate the continuing threat of court-ordered student assignments. Why not file an amici brief by the Groundswell dissenters, similarly opposed to such affirmative judicial action, from their point of view? Especially since approval of the U.S. Court of Appeals panel decision there could have an adverse impact here.

Samuel Krislov's study, The Amicus Curiae Brief: From Friendship to Advocacy, 72 Yale L J 694, at 712 reflects their value:

... Arguments that might anger the justices, doctrines that have not yet been found legally acceptable, and emotive presentations that have little standing can best be utilized by the amicus rather than by principals. The NAACP, for example, suggested the overruling of Plessy v. Ferguson as an amicus curiae in Henderson v. United States. And sometimes such suggestions bear fruit. For example, the ACLU amicus curiae brief was apparently influential in the overturning of Wolf v. Colorado. [Footnotes omitted]

Another example of amici success was the adoption of the affirmative integration theory by the California Supreme Court in Jackson v. Pasadena City School Dist. (1963), 59 Cal.2d 876, at 881, urged only by non-parties in two amici briefs. See Footnote 5 in Note, 51 Cal.L.Rev. 810 (1963). Next

Plessy Plessy v. Ferguson, 163 U.S.537 (1896)
Henderson Henderson v. United States, 314 U.S. 625 (1941)
Wolf Wolf v. Colorado, 338 U.S. 25 (1949)
Jackson Jackson v. Pasadena City School Dist., 59 Cal.2d 876 (1963)
Pasadena, California
Dowell Dowell v. Bd. of Educ. of Okl. City Public Schools,
(10th Cir. 1989), 890 F.2d 1483
Oklahoma City, Oklahoma
  Liberate: Phase 3, pages 48 - 56 — Previous Next

Liberate Public Schools
from Government by Lawsuit

A Long Pro Bono Struggle
Against Racially Balancing Public School Students
in a Thirty-Year Lawsuit
by Elmer Enstrom, Jr.
A chronological presentation of the 30-year Carlin affirmative action lawsuit:
a legal battle to reassert the "separation of powers" concept
of a republican form of government embodied in our Constitution.
© 1998-2006, 2013 Enstrom Foundation Bookmark and Share