In the 1967 case of Lee, Commissioner of Corrections of Alabama, et al. v. Washington et al., the United States Supreme Court addressed racial segregation in prisons. The state of Alabama had a policy that allowed for racial segregation among inmates and this was challenged by three black prisoners who claimed it violated their Fourteenth Amendment rights to equal protection under the law. The court ruled unanimously in favor of the plaintiffs, stating that there is no exception for prisons from constitutional requirements against racial discrimination. However, Justice Black (joined by Justices Harlan and Stewart) concurred with an opinion emphasizing that prison authorities must have wide discretion to adopt policies necessary for preserving order and discipline; but they could not justify blanket segregations based on race alone.

In the dissenting opinion for Lee v. Washington, Justice Black argued that the Fourteenth Amendment does not prohibit states from segregating prisoners by race. He contended that while segregation in schools and public places is unconstitutional, prisons are a different matter due to their unique nature and purpose. The primary goal of prisons is to confine criminals as punishment for their crimes and protect society from them; therefore, maintaining order within these institutions should be prioritized over ensuring racial integration among inmates. According to Justice Black, if prison officials believe that racial segregation can help maintain peace inside correctional facilities without violating any other constitutional rights of prisoners, then they should have the discretion to implement such policies.