In the case of Johnson et al. v. New York State Education Department et al., 1972, a group of parents and students challenged the constitutionality of standardized testing in New York public schools for high school graduation requirements. The plaintiffs argued that these tests were discriminatory against minority and low-income students who may not have had access to quality education or resources to prepare for such exams. They claimed this was a violation of their Fourteenth Amendment rights, which guarantees equal protection under the law. However, the Supreme Court ruled in favor of the defendants - New York State Education Department - stating that there was no evidence showing intentional discrimination by using these tests as part of graduation criteria.

In the dissenting opinion for Johnson et al. v. New York State Education Department et al., 1972, it was argued that the majority's decision failed to adequately consider the potential harm caused by racial imbalance in schools and its impact on educational opportunities for minority students. The dissenting justices believed that a more proactive approach should be taken to address this issue, rather than simply allowing school districts to maintain racially imbalanced schools as long as they were not intentionally created or maintained for discriminatory purposes. They also disagreed with the majority's interpretation of Title VI of the Civil Rights Act of 1964, arguing that it prohibits not only intentional discrimination but also practices which have a discriminatory effect regardless of intent. Furthermore, they contended that federal funds should be withheld from school districts failing to take adequate steps towards desegregation.