|Liberate Public Schools
from Government by Lawsuit
Liberate Public Schools from Government by Lawsuit is a sequel (cross-referenced) to Busing —Not Integration— Opposed: Invoke Our Color-Blind Constitution to End It, published July 1, 1998. At that time the author had just gained termination, in behalf of anti-busing San Diegans calling themselves Groundswell, of a thirty-year desegregation class action entitled Carlin v. Board of Education, San Diego Unified School District. This resulted from a seventeen-year pro bono publico representation of his parent and student clients' opposition to racial balancing of San Diego students sought in that lawsuit.
The Groundswell parents had discovered in June, 1977, that the school authorities seemed to be preparing them for the mandatory racial assignment of their children away from their neighborhood schools. Following that discovery, they had obtained signed petitions by over 22,000 persons in support of a Neighborhood Schools Amendment to the United States Constitution which they and others unsuccessfully sought through their representatives.
The Groundswell group had also learned of a commentary, Busing, Not Integration, Opposed, that had been written by the author and published on September 18, 1977 in The San Diego Union. They obtained his assistance to ultimately gain intervention in the case on December 15, 1980 to oppose the Carlin Plaintiffs in their objective as a class who believe[d] San Diego schools should be racially balanced, if necessary through court order.
The author continuously rendered this assistance until he ultimately gained termination of the case on July 1, 1998, based in part upon the upholding of Proposition 209, which had restated the Civil Rights Act of 1964. He immediately published Busing — Opposed to make his experience available to people subjected to, or facing, similar race-based student assignments adversely affecting them by litigation against the school boards of their public school districts.
Liberate Public Schools enables that experience to be better utilized by people needing similar assistance to that received by Groundswell. The author first relates chronologically the personal and legal challenges met in an unexpectedly long pro bono representation. He illustrates that the struggle against race-based student assignment continues in view of the unwillingness of some government officials, from the local to national level, to follow rulings ending it.
This Sequel re-emphasizes Attorney Enstrom's original thesis that judicially sanctioned enforcement of race-based public school student assignment is contrary to the separation of powers concept of a republican form of government embodied in our Constitution.
Liberate Public Schools joins with Busing — Opposed in offering means to end any form of racial discrimination in public education, and to end government of school districts by lawsuits toward that purpose.
|Elmer Enstrom, Jr.
||October 24, 2000
|Separation of Powers:
Constitutional points bearing on the separation of powers,
and thereby on judicial oversight of American public schools.
|Carlin||Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
Enstrom: pro bono counsel, 1979-1998
|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: Summary —|