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

  
93
The San Diego Dissenters' Formula
for Opposing Busing
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      THE COURT: That was stipulated to, wasn't it? Isn't that part of your stipulation? I thought it was. That is my recollection. I don't think anyone questions it....

      MR. ENSTROM: [Paragraph] Number 8 shows the gathering of these 22,000 signatures, which goes to the white-flight effort (sic). Evidence of white flight. That a person (sic) would feel so strongly about this that they would gather that many signatures and present them to their congressman for such action as he could take. I think that is evidence bearing on that issue.

      MRS. ROESER: If the Court is considering admitting those, I would like to speak to that and cite cases, of which there are many, showing those are not the type of considerations the Court may take into account.

      THE COURT: I agree with you, Mrs. Roeser. I have no question in my mind that it is irrelevant. On the other hand, if it will possibly circumvent a technical problem on appeal to admit that many people did vote for it, it would seem to me....

      MR. ENSTROM: Signed the petition.

      THE COURT: ...it would seem to me to be the more cautious way of approaching it. If you insist, I will sustain the objection. I would suggest, however, that counsel stipulate whatever number there are, signed the petition. You can do as you please.

      MRS. ROESER: I think we already stipulated that is what he would testify to. But we object to the admissibility.

      THE COURT: That is true. Counsel stipulated that is what he would testify to. Although I sustained the objection to both the declaration and what he would testify to on the grounds of irrelevancy. The facts are there, and they are uncontradicted. And if, for instance the appellate court found that I have erred, and I should have entertained that evidence, then it is there.
       

Carlin Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
  
  Busing: Chapter 6, pages 81 - 99 — PreviousNext
  
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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