Liberate Public Schools
from Government by Lawsuit / Phase Five
Court Grants Motion
to Terminate Jurisdiction
THE COURT: The Groundswell motion was granted. The writ will be discharged.
First Memorandum by Groundswell
On March 19, 1996, Groundswell Intervenors served a memorandum concerning the order to be presented re: the integration plan urging that it require that the plan meet constitutional standards.
Our first point was that Missouri v. Jenkins, coming after the motion for reconsideration, was a guide in terminating these proceedings. For that case made it clear that Freeman offered no support for contentions that judicial jurisdiction could be retained until the academic goals sought in behalf of minority students were met in the absence of a finding of a constitutional violation by this school district. Accordingly, it was incumbent upon the Board to see that the school system being restored to its control operated in compliance with the Constitution.
The second point was that the San Diego school system must eliminate racial balancing to be in compliance with the Constitution, recognizing this was also incompatible with the best educational interests of minorities by reason of a conflict of interest with their attorneys. We argued:
|Carlin||Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
|Freeman||Freeman v. Pitts, 112 S.Ct. 1430 (1992)
DeKalb County School System (DCSS),
DeKalb County, Georgia
|Jenkins||Missouri v. Jenkins, 515 U.S. 70, 115 S. Ct. 2033 (1995)
Kansas City, Missouri
|— Liberate: Phase 5, pages 69 - 79 —|