state of a republican form of government, and may be stricken down by congressional action, or by the courts in the discharge of their solemn duty to maintain the supreme law of the land, anything in the constitution or laws of any state to the contrary notwithstanding. Plessy v. Ferguson (1896) 163 U.S.537, at 563.

The application was summarily denied by Judge Egly, per Appendix IV. In April, 1980, I made a second application to Judge Egly, supported this time by a statewide group called Californians Against Forced Busing, whose chairman, Senator Alan Robbins, authored Proposition 1.

In the application, I first called attention to the relationship of the busing proponents' counsel in the Los Angeles, San Bernardino and San Diego cases. This was to show the need of my clients, who would be on the receiving end of a precedent set by ordering busing in San Bernardino, at this point to have the same opportunity to argue their position through their counsel, as amici, as did the Carlin plaintiffs' counsel.

... Counsel for the Crawford plaintiffs and counsel for Petitioner N.A.A.C.P., et al., herein also appear of record for the Carlin plaintiffs on their Notice of Appeal taken from the Order Re Integration Plan 1979-82 by the trial court (Judge Louis M. Welsh) in Case No. S.D. 303800. (See Appendix B to Declaration of Larry K. Lester.) The Order of October 2, 1979, by Judge Welsh does not introduce mandatory assignments as requested by the Carlin plaintiffs into the San Diego City Schools all voluntary plan. As in this case, there is no finding of de jure segregation in the SDUSD....

The application included the following allegations:

... Applicant Larry K. Lester and other members of Groundswell participated in a committee supporting passage of Proposition 1, a legislatively proposed constitutional amendment designed to prevent the