Classifications based solely upon race must be scrutinized with particular care since they are contrary to our tradition and hence constitutionally suspect. 347 U.S. 497,499. Also see Brown v. Board of Education (Brown II) (1955), 349 U.S. 294,298.

Justice Jackson's record reflects he would have opposed an interpretation of the holding in 1954 as sanctioning assignment of students, on the basis of their race, to particular schools for the purpose of racial balance in 2000. Adding to his concern would have been enlarging the role of the judiciary as the authority for such assignments, in view of his central part in opposing the “supremacy” of judicial power over the legislative power of the people.

Justice Jackson's advocacy of respect by the judicial branch for the equality of the legislative and executive branches was expressed in his book The Struggle for Judicial Supremacy. In his capacity as Solicitor General, he had been at the center of the controversy created by the Supreme Court in nullifying New Deal measures, which President Franklin Roosevelt decried as in excess of its power.
 

Groundswell Intervenors
Question Use of Lawsuits
to Racially Assign Public School Students

I had the above history in mind in September 1977 when I wrote “Busing, Not Integration, Opposed,” published in The San Diego Union (Appendix I):

... A constitutional crisis was created then by the exercise of (judicial) power to veto legislation which the President and many others claimed impinged on the legislative branch.

My reference to this earlier exercise of federal judicial power was followed by my protest of a latter day assertion of judicial power by a state high court decision:

The constitutional crisis today is even more serious, for the