Finally, I re-cited the earlier cases ending judicial jurisdiction, as being influential in this Court’s ruling to end this case, and having been rendered in accordance with the venerable separation of powers doctrine which is set forth in the California Constitution at Section 3 of Article III.

I concluded:

The final order proposed by Intervenors restores to the people of the San Diego Unified School District, in the words of Chief Justice Rehnquist, “control of a school system that is operating in compliance with the Constitution.” Thereby, those now relegated to a non-class status, will reassume their righteous place on a level playing field in the democratic governing of the District. They will again be able, in a meaningful way, to exercise their right to instruct their representatives in accordance with Section 3, Article I of the California Constitution.
 

Other Parties
Continue to Support
Extended Jurisdiction

On July 19, in its closing brief, the Board again made no reference to inclusion of discharge of writ of mandate in its proposed final order, and noted it had responded to Groundswell’s previous March and May memoranda. As to Groundswell’s latest memorandum, it submitted additional authorities as supporting “limited consideration of race and ethnic status” in creating neighborhood zones, Magnet and VEEP eligibility rules, and “narrowly tailored” classroom racial balance. One day before the hearing, I received Plaintiffs’ closing brief which I soon realized was actually a reply to my reply, in which they made two statements in turn exasperating me. In one they recalled the public meetings, stating:

Of this group (of 81 participants), 88.8% favored a continuation of the integration program while the remainder did not.”