Liberate Public Schools
from Government by Lawsuit  /  Phase Four
Groundswell Intervenors
Again Seek End of Court Jurisdiction
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  Second Motion to Terminate Jurisdiction

On April 6, 1992, Intervenors filed motions to terminate court jurisdiction with a memorandum in support, relying strongly upon Dowell and Freeman, supra.

On May 20, 1992, in reversal of its 1981 position, the Board filed an opposition with a declaration by its Controller in support. Intervenors replied that the Board's only real objection was that the end of Court supervision could result in some loss of state integration funding; that this was based upon speculation; and in any event was not a legal basis for abdication of Board's jurisdiction.

The Carlin Class also opposed termination of the case arguing, first, that Board had not yet fully complied with the Writ of Mandate issued in 1977, to which Intervenors reiterated that both they and the Board had shown compliance with the writ in 1981, and argued there since had been continuous compliance.

The Class, second, argued that Intervenors should withdraw from the case since mandatory school assignments had not been sought by the Class since the 1982 Crawford III ruling. To this later point, Intervenors replied this same ruling eliminated any legal basis for race balancing as sought by the Class, and emphasized that the existing judgment sanctioned race balancing by this provision:

1983-84 17. Assignments to particular seats and to particular classes solely because of race and for the sake of the District's integration plans, as challenged in these proceedings, does not violate the constitutional rights of any of the children involved. Next

Carlin Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
Crawford III Crawford v. Los Angeles Board of Education,
458 U.S. 527 (1982)
Los Angeles, 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 School System (DCSS),
DeKalb County, Georgia
  Liberate: Phase 4, pages 57 - 68 — 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