In the Griffin v. County School Board of Prince Edward County case in 1963, the Supreme Court ruled that Virginia's Prince Edward County violated the Equal Protection Clause by closing its public schools to resist desegregation orders. The county had shut down all public schools for five years following Brown v. Board of Education and provided tuition grants to support private education which was predominantly segregated, effectively denying black students access to education while white students attended "segregation academies". The court held that even though school boards have a degree of discretion in fulfilling their duties, they cannot exercise it in a way that infringes upon citizens' constitutional rights. This decision reaffirmed federal commitment towards ensuring equal educational opportunities for all children regardless of race.

In the dissenting opinion for Griffin v. County School Board of Prince Edward County, Justice Harlan argued that while he agreed with the majority's interpretation of the Equal Protection Clause, he disagreed with their application to this case. He believed that closing public schools and providing grants for private education did not violate equal protection rights because these actions were taken by local authorities rather than state ones. Furthermore, he contended that there was no evidence suggesting racial discrimination in granting scholarships or in admitting students to private schools. Therefore, according to him, it was inappropriate for federal courts to intervene based on assumptions about potential future violations without any concrete proof of existing discriminatory practices.