In the case of Green et al. v. County School Board of New Kent County et al., 1967, the U.S Supreme Court ruled against a "freedom-of-choice" plan adopted by New Kent County in Virginia as it perpetuated racial segregation rather than eliminating it. The county had two schools: one was predominantly black while the other was all white and parents could choose where to send their children under this plan. However, no white students opted for the black school and only a small number of black students chose to attend the white school which maintained segregation effectively despite Brown v Board decision that declared segregated public schools unconstitutional in 1954. The court held that such freedom-of-choice plans were unacceptable if they led to or preserved racially discriminatory results; hence, local authorities were obligated not just to avoid discrimination but also eliminate it root and branch.

In the dissenting opinion for Green et al. v. County School Board of New Kent County et al., Justice Hugo Black argued that the court was overstepping its bounds by dictating specific methods to achieve racial balance in schools, rather than simply ensuring equal opportunity under law. He contended that it is not within the Court's power or expertise to determine how best to integrate schools and eliminate segregation, but rather this responsibility lies with local school authorities who are better equipped with knowledge of their own communities' needs and circumstances. Furthermore, he expressed concern about potential negative impacts on education quality due to forced busing or other artificial means of achieving integration.