Liberate Public Schools from Government by Lawsuit / Phase Five |
77 | |||||||||||||||||||
Upon Reconsideration Court Grants Motion to Terminate Jurisdiction |
||||||||||||||||||||
assignment to particular seats and classrooms solely on the basis of race as without merit. It argued this Court's jurisdiction arises under the California Constitution and not under federal law, citing Crawford I in support. Secondly, they argued that even if this Court could not establish (racial) preferences based upon its Order, the District, by the express terms of the (Choice) statute, could use its discretion to set up the same priorities. They concluded on a note indicating exasperation with our continuing opposition to such preferences:
Apparently without even considering the statutory language, intervenors, based on two letters from disgruntled parents, seek any opportunity to create mischief in any program which seeks to accomplish integration.... Groundswell Complains the Other My closing argument, mailed July 18, related the January 12 formal order granting the Groundswell motions to terminate all court jurisdiction and to discharge the writ of mandate; and the presentations on March 19, May 15, May 23, and May 30, 1996, detailing modifications required to bring the present integration plan into compliance with the Constitution. I complained:
I reiterated my earlier arguments to require elimination of the unconstitutional aspects of the program, and upon their elimination from the plan forthwith, to discharge the writ of mandate. Also we reiterated that speculative lessening of state integration funds was not a legal basis for continuing jurisdiction, particularly since the program could continue to receive state integration funds as had the Los Angeles program long after discharge of the writ of mandate in that case.
|
||||||||||||||||||||
Carlin | Carlin v. Board of Education, San Diego Unified School District, San Diego Superior Court No. 303800 (1967-1998) San Diego, California |
|||||||||||||||||||
Crawford I | Crawford v. Board of Education, 17 Cal.3d 280 (1976) [related to Bustop — Board of Ed., etc.] Los Angeles, California |
|||||||||||||||||||
— Liberate: Phase 5, pages 69 - 79 — | ||||||||||||||||||||
|