People v. Turner, 121 Cal.App.2d Sup. 861, App. dismissed, 347 U.S. 972 (1954), concerning the California compulsory education laws. The compulsory attendance laws in the foregoing four cases are similar to those in this hypothetical case in the sense of compelling non-exempted students to attend public schools.

These state statutes contemplate school assignments will be made by school boards to which parents have accessibility through a legislative process, which are subject to challenge in the judicial branch.

This points up the disadvantages facing these intervening parents contrasted with the parents in the above cases. The first disadvantage is that these intervenors lack a similar voice concerning the assignments of their children when ordered by a court instead of a school board. Secondly, they lack the ability to appeal such assignments to a different branch of government, for the same branch sits in final judgment to any challenge to the lower court order.

Thus, these intervening parents lack the traditional input concerning school assignments of their intervening student-children as long as final control over school assignments under a busing decree lies with the court. And this decree will continue to deny them the meaningful access provided by state law until their school board is freed from judicial control as to student assignment. This creates a special urgency for the termination of court jurisdiction over student assignment as soon as possible.

The mandatory transportation of children away from their neighborhood schools, among other things, decreases the ability of parents to care for the health and safety of their children. The parents' voices were not heard in the shaping of the busing decree in this case and unless heard now will continue to be muted while court-ordered busing is continued indefinitely at the grace of the court. Thereby, they lose to a federal judicial officer an aspect of control concerning the health, welfare and education of their children, which could not have been anticipated by the parents who consented to compulsory education of their children when such laws were first enacted.

Reasonable parental control over where their children attend public school classes surely falls within the category of the rights the Founders of the Nation sought to preserve from federal encroachment by the enactment of the 9th Amendment, which provides, "(t)he enumeration