Also it will be alleged, and shown from official records, that there has been a change in the racial composition of this hypothetical district during the period of the existing busing order so that no racial group is now a majority. The records will further show that the white population has dropped from 60% to 26% (similar to that occurring in Boston from 1972 to 1988 while under a similar busing order), and is still dropping. This is admissible to show that whites are no longer a majority and arguably should not be classified and treated as such.

In addition, it will be alleged and shown that the numbers of students, other than blacks, classified as "minorities", are increasing in their respective groups so that some, notably those of Hispanic and Asiatic extraction, can be projected to eventually approach or surpass the black group in size. Such evidence is admissible to show, if on no other basis, the complexity of mandatorily assigning students on a racial basis to maintain racial balance in such a district, contrasted with the simplicity of color-blind assignments to neighborhood schools, with available voluntary transfers to alleviate racial imbalance where educationally feasible.

Claims as to how such mandatory assignments violate the constitutional rights of intervenors will be patterned after those of the Groundswell intervenors set forth in Chapter Three, as modified to apply to the assertion of jurisdiction by a federal judge, instead of state judge, in the following manner:

I. The mandatory assignment of student Intervenors, and others similarly situated, because of their race, to particular schools within said District violates the rights of said Intervenors, and others similarly situated, in that it subjects them to discrimination on the ground of race under a program and activity receiving federal financial assistance, in violation of Title VI of the Civil Rights Act of 1964.