In the case of Mayor of Philadelphia v. Educational Equality League et al., 1973, the U.S Supreme Court ruled on whether a mayor's appointment process for a panel to oversee racial discrimination in schools violated equal protection rights. The Educational Equality League and other organizations argued that because African Americans were not adequately represented in the selection process, it was discriminatory. However, the court held that there was no constitutional requirement for an exact proportional representation based on race or ethnicity in such appointments. It found no evidence of intentional exclusion or systematic underrepresentation of any racial group by Mayor James H.J Tate during his formation of this advisory committee on civil disorders following riots over desegregation busing policies at public schools.

In the dissenting opinion for Mayor of Philadelphia v. Educational Equality League et al., Justice William O. Douglas argued that there was no violation of due process in this case as claimed by the majority opinion. He contended that the mayor's appointment power did not constitute a "state action" and thus, it could not be subjected to equal protection clause scrutiny under Fourteenth Amendment. Furthermore, he asserted that even if it were considered a state action, there was no evidence suggesting racial discrimination or bias in appointing members to the Board of Education nominating panel which would warrant intervention by courts. In his view, political processes should be left largely untouched by judicial interference unless clear violations can be proven beyond reasonable doubt.