in each semester as possible, having due regard for fluctuations in class enrollment in the early weeks of the semester.

It continued approval of racial assignments:

(21) Eligibility rules for admission in magnet schools, to the extent that they consider race as an element for admission in order to reduce racial imbalance and integrate previously isolated schools are valid.

The order then concluded:

(23) ... The District is free to, and it is appropriate that it, make such changes as comport with its constitutional duty under state law to take all reasonable steps to alleviate segregation, regardless of cause.

(25) It is further provided that after January 1, 2000, the District’s failure to comply with any of the specific provisions of this order will not constitute a violation or contempt of this Order.
 

Groundswell Unsuccessfully Seeks
Appellate Mandate to End Case

Having made up my mind to fight on following the adverse ruling on July 26, I determined I should petition the Fourth District Court of Appeal rather than appeal to try to gain termination of the case. I had told the Court in my oral argument that I was afraid I would expire before the case was over, but that was not entirely an attempt at humor. For, at age 80, my physical condition discouraged me from attempting to prepare a record on appeal in a case going back to 1967, sixty miles from the courthouse. Even so, over strong dual opposition, it would be unlikely a decision upon an appeal would come down before January 1, 2000.

Also, offsetting the low chance of success by petition compared with appeal was the advantage of being able to join State Senator Kopp and State Assemblyman Baldwin with Groundswell, an association, and one of the citizen Intervenors as petitioners.