Liberate Public Schools
from Government by Lawsuit  /  Phase Seven
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Groundswell Motion to End Jurisdiction
Conditionally Granted, Effective July 1, 1998

On April 8, 1997, the United States Court of Appeals upheld the California Civil Rights Initiative (Proposition 209), enacted by Californians as Article I, Section 31, to their Constitution, which provides in relevant part:

“The State shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of... public education....” Coalition for Econ. Equity v. Wilson, 110 F.3d 1431, 1434 (9th Cir. 1997)

I started immediately preparation of my fourth motion for an order to terminate jurisdiction, along with an order that the Board modify its integration program to comply with current constitutional standards. It took me until early July to complete my memorandum; obtain declarations from the President of Groundswell and a “disgruntled” parent; and arrange for the filing of supporting amicus / interested persons briefs from Senator Kopp and Assemblyman Baldwin.

On July 3, I phoned the court clerk for a hearing date in open court, but had overlooked that the present court procedure called for decisions on such motions to be telephonically ruled upon. The Court allowed me to make an ex-parte request for a public hearing, after service on opposing counsel, to be ruled upon after a telephonic conference, thus saving me a 120-mile round trip. Next

Carlin Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
Coalition Coalition for Econ. Equity v. Wilson,
110 F.3d 1431, 1434 (9th Cir. 1997)
Carlin Board of Education v. Superior Court, 61 Cal.App.4th 411 (Feb.1998)
[conclusion of Carlin v. Board of Education]
San Diego, California
  Liberate: Phase 7, pages 91 - 101 — 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