In the course of a series of conferences with his potential clients and with Enstrom, the attorney for the San Diego intervenors, Lawyer finds that there is a startling similarity with their position and that of Enstrom's clients. They both oppose court-ordered busing to achieve "quantity" integration throughout a district based on mandatory racial formulas, but are supportive of voluntary means to achieve "quality" integration according to consensual nondiscriminatory formulas. Lawyer also sees a similarity in their position, based on his studies of the ideological origins of the American Revolution, with that of the colonists who sought a government based on the consent of the governed. This is especially so because City District parents and non-exempted students are subject to punishment under state compulsory school attendance laws for failure to comply with compulsory racial school assignments made by the board pursuant to order of court.

Notwithstanding the formidable opposition he anticipates, Lawyer determines that he should, and will, undertake pro bono representation of "anti-busing" students and parents in City District on a basis similar to that undertaken in the San Diego district. This will start with (1) selection of parties, (2) draft of the complaint and (3) preparation of their intervention papers so as to be able to raise their constitutional claims.

1. Parties

Pursuant to suggestion by Lawyer, the leaders of the group form an association of like-minded persons similarly opposed to forced busing but not to voluntary integration programs. They call the newly formed group the "Committee" after the Committees of Correspondence set up by the Nation's Founders to coordinate their protests against edicts by the King of England. Like "Groundswell" in San Diego, Committee membership is composed of those persons of all races who "oppose the mandatory assignment of public school students, because of their race, to particular schools." The Committee will seek voluntary contributions toward the out-of-pocket expenses of Lawyer.

From the membership of the Committee, Lawyer will select as potential parties those parents and their student-children, of various races, who desire to become intervenors, evidenced by a long-term commitment to the invocation of lawful means in opposition to the mandatory busing of such children on a racial basis. Lawyer will determine which of those parents and students are best able to produce direct or indirect evidence of refusal of demands in behalf of such students to enroll in their