Groundswell Intervenors Support
Challenge to Busing Order,
in Freeman v. Pitts, a Class Action,
to Restore Local Control of Student Assignment

At page 17a is a paragraph which epitomizes the objective of those amici organizations for judicially mandated student assignment, without using the term “busing,” for as long as needed to “desegregate,” as defined by them, a school system.

The benefits of desegregation take place over the long term. When judicial requirements are unambiguous, and enforcement agencies promulgate precise regulations, desegregation is much more likely to succeed than when opposition leads judicial or agency principles to be stated in ambiguous or unclear terms. Schools that allow their desegregative goals to be derailed will often have paid the costs but not achieved the benefits of desegregation. Persistence allows schools to move past the period of community opposition and white flight, which may be strong within the first year of a plan but then decline rapidly.... [footnotes omitted]
 

Groundswell Amici Succeed in Placing the Personal Interest of Students Against Busing, in Contrast to the Impersonal Interest of a Class Favoring Busing, Before the Supreme Court

Groundswell Amici recognize in Civil Rights groups their sincere belief in, and effort to accomplish, the beneficence of desegregation. But its imposition is sought by autocratic judicial means, as in the Freeman case, exemplified by the above sociological statement filed in the case. Judicial requirements imposing “desegregation” until the community “opposition” acquiesces fall under the warning of Justice Louis D. Brandeis, dissenting in Olmstead v. United States, (1928) 277 U.S. 438 at 479:

Experience should teach us to be most on our guard to protect liberty when the Government's purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in the
 

Olmstead 

Olmstead v. United States, (1928) 277 U.S. 438
 

Carlin v. Board of Education, San Diego Unified School District,
San Diego Superior Court No. 303800 (1967-1998)
San Diego, California
 

Freeman 

Freeman v. Pitts, 503 U.S. 467, 112 S.Ct. 1430 (1992)
DeKalb County School System (DCSS),
DeKalb County, Georgia
Enstrom: filed amici curiae brief
 

— Handbook: Challenge Three, pages 45 - 54 —