Liberate Public Schools
from Government by Lawsuit  /  Phase Six
Court Adopts "Final" Order Terminating Jurisdiction,
but Pyrrhically not until at least January 1, 2000
Previous Next


Court Conducts Hearing to Determine Final Order

On July 26, 1996, the Carlin Plaintiffs, the Defendant Board, the Groundswell Intervenors and the proposed Nixon Intervenors, with their respective counsel and supporters, appeared before the Court. All had filed memoranda and numerous declarations in support of their positions; and State Senator Kopp and State Assemblyman Steve Baldwin had filed briefs as Amici Curiae and Interested Persons in support of Groundswell.

The Court launched immediately into the determination I had dreaded; that is, to determine the final order along the lines submitted by the other parties and not mine:

THE COURT: ... I do believe there's a format that is probably as easy to follow as any, is the proposed orders that have been drawn. I think there's a difference of opinion as to whether we should just snip it off and let it fall, or whether we should allow it to have some guidance as it goes out.

I frankly think that it's necessary to have a closing order as a format for the future....

I think some of the more management type of orders that were criticized from time to time by parties, particularly the Intervenors, that was in the past order, have been eliminated into more general guidance. And I applaud that effort. And I do realize Next

Carlin Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California 
  Liberate: Phase 6, pages 80 - 90 — 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