The Court can take judicial notice of the financial inability of innocent, bystanding, dissenting students to individually intervene until receiving pro bono assistance now to assert their constitutional rights in a proceeding over 20 years old (just as the Carlin Court did in a case then over 13 years old). See Chapter Six.

The Supreme Court in recognizing a constitutional right of privacy in Griswold v. State of Connecticut, 381 U.S. 479, quoted the 9th Amendment in support of its decision (Id. at 484):

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Griswold reaffirmed the rulings in two cases involving students, Pierce, 268 U.S. 510, and Meyer, 262 U.S. 390, as supportive of its recognition (381 U.S. at 481-3) of the right to privacy under the facts before it.

Meyer, in preventing Nebraska from prohibiting foreign-language instruction in its public and private schools, made the point in an analogy that a desirable end cannot be promoted by prohibited means (262 U.S. at 402):

In order to submerge the individual and develop ideal citizens, Sparta assembled the males at seven into barracks and intrusted their subsequent education and training to official guardians. Although such measures have been deliberately approved by men of great genius their ideas touching the relation between individual and state were wholly different from those upon which our institutions rest; and it hardly will be affirmed that any Legislature could impose such restrictions upon the people of a state without doing violence to both letter and spirit of the Constitution.

That analogy is just as appropriate with reference to the racial assignment of unwilling students of a tender age to schools away from their home / neighborhood - school environs.