Busing —Not Integration— Opposed:
Invoke Our Color-Blind Constitution to End It  /  Chapter Six

  
87
The San Diego Dissenters' Formula
for Opposing Busing
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    by the mandatory assignment of their children, because of their race, to particular schools within said District."

    8. That "(s)tudent Intervenors, and other students similarly situated, are and would be substantially affected by the mandatory assignment of them, because of their race, to particular schools within said District."

    9. That Intervenors, as parents, children and taxpayers in said District, had "an interest in the education, privacy, health and welfare of public school students in said District, which is, and would be, substantially affected by the forced busing described in Paragraph 4" (of the stipulation of facts as the "mandatory assignment of public school students, because of their race, to particular schools"), which "will have a direct social, educational, economic and environmental impact on Intervenors."

The stipulation of facts establishing the foregoing allegations of the individual students and parents, together with the records pertaining to the 10/21/80 staff busing proposal were received in evidence at the intervention hearing on July 16, 1981. In my opening statement on July 16, I presented the dissenters' position with respect to additional evidence to be offered at that time. (Reporter's Transcript of Proceedings, pages 180-181):

    THE COURT: All right, Mr. Enstrom, the floor is yours.

    MR. ENSTROM: In your order, your Honor, on February 11th, you brought out the concern of the Court in connection with the implementation of the plan, and cited numerous authorities which indicated in their view the courts were getting into legislative matters. And I have studied the background of those authorities' works, and the element of justice (sic) [Limits of Justice] deals mainly with desegregation cases, and the mandatory orders for busing in those cases. Those authorities are
     

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Carlin Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
  
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Busing —Not Integration— Opposed
Invoke our Color-Blind Constitution to End It

A Reasoned Opposition to Race-Based
Affirmative Action in Public Schools
by Elmer Enstrom, Jr.
Contents
History of the 30-year Carlin affirmative action lawsuit:
a pro bono case history of applying Constitutional principles.
  
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