In the Griffin v. County School Board of Prince Edward County case in 1963, the U.S Supreme Court ruled that a Virginia county's decision to close its public schools rather than desegregate them was unconstitutional. The case originated from Prince Edward County, where officials had chosen to shut down all public schools for five years (1959-1964) instead of complying with court orders mandating racial integration following Brown v. Board of Education ruling in 1954. During this period, white students were provided with tuition grants and attended private "segregation academies," while black students were left without formal education unless they could move or pay for schooling elsewhere. The Supreme Court held that such actions violated the Equal Protection Clause of the Fourteenth Amendment as it denied black students access to equal educational opportunities available to their white counterparts.

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 view on equal protection under the law, he disagreed with their decision to force Prince Edward County to reopen and fund its public schools. He believed this was a state issue rather than a federal one and should be resolved at that level. Furthermore, he felt it was inappropriate for the court to dictate how local tax funds should be used or what specific actions must be taken by local authorities in order to comply with constitutional requirements. In his view, such decisions were outside of judicial purview and could potentially infringe upon states' rights.