Busing —Not Integration— Opposed:
Invoke Our Color-Blind Constitution to End It  /  Chapter Seven
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Invoke Our Color-Blind Constitution
to End Busing
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a violation of the Equal Protection Clause. But there still remains the recognition in the opinion of Justice Stevens that the prohibitions in Title VI of the Civil Rights Act are couched in "colorblind" language, and thus are not limited in their scope to students of any particular race. Like Bakke, the white firefighters in Wilks also were able to invoke a similar provision in Title VII of the same act. These innocent intervenors who are of various races, some being of the same race as those in the plaintiff-class, similarly invoke Title VI of the Civil Rights Act of 1964. They have established the following facts:

      1. City School District administers an education program, with an increasingly diverse racial student body, receiving federal financial assistance.

      2. The plaintiff-class, now in its second generation, is no longer properly classified as a racial minority under the demographics of the District.

      3. These intervenors are from different racial groups, none of which constitutes a majority in the District.

      4. There is not a current history of intentional racial discrimination against those in the plaintiff-class by the District, but rather a 20-year history of busing and other affirmative action under judicial direction to eliminate the effects of earlier racial discrimination found to have occurred under predecessor boards.

      5. These intervenors seek only the discontinuance of their mandatory assignments on the basis of race so they can have the option of attending their neighborhood schools.

      6. These intervenors do not seek discontinuance of other types of affirmative nondiscriminatory action deemed to benefit the plaintiff-class.

These intervenors, having been able to invoke Title VI on a color-blind basis, urge that under the foregoing facts they have established a prima facie case for color-blind relief. Such relief would be consistent with the facial provisions of Title VI and the national policy
 

Bakke Bakke v. Regents of University of California, 18 Cal.3d 34 (1976)
 
Wilks Martin v. Wilks, 109 S.Ct. 2180 (1989)
  
  — Busing: Chapter 7, pages 100 - 130 — 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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