The U.S. Supreme Court case Freeman v. Pitts (1991) dealt with the desegregation of public schools in DeKalb County, Georgia. The court ruled that a school district could be released from federal oversight and judicial supervision once it had complied in good faith with a desegregation plan for an extended period of time, even if some racial imbalance persisted due to factors beyond its control such as residential patterns or private choices by individuals about where to live or attend school. This decision marked a significant shift away from previous rulings which held that districts were obligated to eliminate all traces of segregation regardless of cause.

In the dissenting opinion for Freeman v. Pitts, Justice Marshall argued that the majority's decision to allow partial unitary status was a departure from established precedent and would undermine efforts to desegregate schools. He believed that until a school district has eliminated segregation in all areas - student assignments, transportation, extracurricular activities, facilities - it should not be declared partially unitary or released from court supervision. The majority's approach could lead to resegregation as districts might focus on achieving unitary status in easier areas while neglecting more difficult ones. Furthermore, he disagreed with placing the burden of proof on plaintiffs (those alleging discrimination) rather than defendants (the school district). This shift contradicts previous rulings where once intentional discrimination is proven; it becomes the defendant’s responsibility to prove they have eradicated its effects completely.