In the case of Bradley et al. v. School Board of City of Richmond et al., 1965, African American parents and students filed a lawsuit against the school board in Richmond, Virginia for maintaining racially segregated public schools despite previous Supreme Court rulings declaring such segregation unconstitutional. The plaintiffs argued that even though the school district had officially desegregated its schools on paper, it was still engaging in de facto segregation by manipulating student assignments and drawing up attendance zones based on race. The District Court initially ruled in favor of the defendants (the school board), but upon appeal to the Fourth Circuit court, this decision was reversed with instructions to develop a plan for actual integration rather than mere desegregation 'on paper'. This landmark ruling further solidified legal opposition to both overt and covert attempts at racial segregation within public education.

In the dissenting opinion for Bradley et al. v. School Board of City of Richmond et al., Justice Hugo Black argued that federal courts should not have the power to order local school boards to raise taxes in order to fund desegregation efforts, as it oversteps their constitutional authority and infringes upon state sovereignty. He contended that such a decision would set a dangerous precedent by allowing federal judges to dictate how much money local governments must spend on public services, which could potentially lead them into financial ruin. Furthermore, he expressed concern about the potential for judicial abuse if courts were given this level of control over fiscal matters traditionally handled by elected officials who are directly accountable to voters.