Intervenors reiterate their contention that the concept of a color-blind Constitution should apply to the programs of defendant. This concept has not yet been squarely presented to the Supreme Court by a party with standing to present it in a school desegregation case.
 

Carlin Court Continues its
Jurisdiction Indefinitely

On September 14, 1984 the Carlin Court issued its Memorandum of Intended Decision, which after due hearing evolved into its Statement of Decision on May 21, 1985. The conclusion of this Statement indicated the tone of the conduct of this contested proceeding which was to last until July 1, 1998, by commending each counsel for the three parties by name “for their very able representation of their clients and for their assistance to the Court as officers of the Court.”

In the “Final” Order Re: Integration Plan, also filed May 21st, there was a paragraph which was first embodied in the September 14, 1984 memorandum, which I had continuously challenged as noted in its contents:

1983-84 17. Assignment to particular seats and to particular classes solely because of race and for the sake of the District's integration plans, as challenged in these proceedings, does not violate the constitutional rights of any of the children involved.

Furthermore, the “Final” Order was not final in that Paragraph 11 contained this provision:

After the entry of this Order the Court will retain continuing jurisdiction of this matter but will take further action only upon noticed motion for good cause shown.