expressed about bystanders by then- Justice Rehnquist in denying the stay of this massive busing order:

“… Because projections indicated that the school district in 1987 will consist of only 14% white students, the Superior Court asserted its task was to achieve the optimal use of white students in the schools so that the maximum number of schools may be desegregated.

“I find this analysis somewhat troublesome, since it puts ‘white’ students much in the position of textbooks, visual aids, and the like — an element that every good school should have. And it appears clear that this Court, sooner or later, will have to confront the issue of ‘white flight’ by whatever term it is denominated....” Board of Ed., Etc., supra, 448 U.S. 1343,1347.

This expression was in line with our belief that the key to possible success lay in my separate representation of the non-class students and parents by intervention. Thereupon, they would assert consideration as “persons” not “elements” in the case and the right to present constitutional issues which had not been raised in these cases and individuals can best raise.