Busing —Not Integration— Opposed:
Invoke Our Color-Blind Constitution to End It  /  Chapter Six
  		 94
The San Diego Dissenters' Formula
for Opposing Busing
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      MR. ENSTROM: Yes, your Honor. Of course, I am urging that in these cases where the Court assumes a legislative role, there is a great deal more latitude as to what your Honor is required to consider in all of these matters. In other words, certainly a legislative committee which would consider these matters....

      THE COURT: Especially one that wanted to be returned to office.

      MR. ENSTROM: My point is, where the Court assumes a legislative role, along with that goes greater latitude as to what evidence you want to receive.

      THE COURT: You know, Mr. Enstrom, judges are never consistent. You know that. I sustain the objection.

      MR. ENSTROM: [Paragraph] Number 12, the allegation of course is the presentation to the Board of these 5,900-plus signatures, which goes to show again this long, deep, and continuing opposition to the forced busing as it bears on white flight.

      THE COURT: Just a moment. Yes, go ahead.

      MR. ENSTROM: Number 12, that bears on white flight, particularly. When I refer to white flight, I am talking about the issues of objectors leaving the school system, which has been a matter about which evidence has been received. And I don't think it is necessarily referring to any particular race.

      THE COURT: No... Still... I sustain the objection to the declaration....

      THE COURT: Exhibit 8 you are referring to?

      MR. ENSTROM: Exhibit 8, yes. I would like to have that received in evidence.

      THE COURT: What is this all about?

      MR. ENSTROM: That refers to the elementary exchange program. We want to show the staff introduced a forced busing program to the District on October 21. About a year after Proposition 1 was passed. It goes to the allegation in our complaint in intervention that the
       

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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