legislation substantially the same as that theretofore declared unconstitutional, and he thereupon headlined Chapter VII of The Struggle For Judicial Supremacy: “The Court Retreats to the Constitution!”

Non-class constituents seek the same end as Justice Jackson by having trial courts discontinue legal interpretations adversely affecting them proposed by busing proponents to perpetuate “desegregation” class actions. Busing proponents urge their interpretations entitle them to indefinitely maintain public school class actions, in which racial student assignment is an integral part, until “segregation” as wrongfully defined by them is ended. See misuse of definition (Busing — Opposed, pp. 60-61, 120-121).

Encouragingly, both state and federal courts are rejecting interpretations favoring maintenance of racial assignments as proposed by busing advocates. This is leading to many successful individual challenges to racial assignments and, in turn, to the end of the judicial authority over the school districts in which they are made. Making and sustaining such challenges is extremely difficult, especially when a school board combines with a plaintiff-class in opposing them as in the Carlin case.

In furtherance of these challenges, we conclude with another claim Groundswell made in behalf of non-class constituents; that the maintenance of the class action infringed upon the right to the governing power to which they were entitled in the operation of their school district. This contention also invoked the Guaranty Clause against such an exercise of legislative and executive power by a state judicial official. Groundswell broached it on February 13, 1980, as Point 6 in their rejected amici brief to the San Bernardino Superior Court, copy of which is annexed as Appendix 5. That Clause was again cited in Groundswell intervention proceedings. Busing — Opposed, pp. 47, 98.

The Guaranty Clause was not reached in the Carlin case, but it may become plausible to enable citizens to restore the democratic processes in school districts, in both state and federal actions, where school boards emulate the San Diego Board.

As gleaned from the title of Busing —Not Integration— Opposed: Invoke Our Color-Blind Constitution to End It, this stance is inspired by Justice Harlan's dissent in Plessy v. Ferguson. That dissent impressively showed the unconstitutionality of the assignment of petitioner Plessy,