In the 1962 case of McNeese et al. v. Board of Education for Community Unit School District 187, Cahokia, Illinois et al., African American parents and students alleged racial segregation in public schools in violation of their Fourteenth Amendment rights to equal protection under the law. The plaintiffs had initially been denied relief by lower courts on grounds that they failed to exhaust state administrative remedies before seeking federal intervention. However, the U.S Supreme Court reversed this decision stating that individuals claiming federal constitutional violations are not required to exhaust state remedies before approaching a federal court for redress. The ruling emphasized that when it comes to protecting civil rights and liberties guaranteed by the Constitution, federal courts have an obligation not only to grant relief but also ensure these rights are fully realized without delay.

In the dissenting opinion for McNeese v. Board of Education, Justice Harlan argued that the majority's decision to allow plaintiffs to bypass state administrative remedies and proceed directly to federal court was a departure from established legal principles. He contended that this approach undermined respect for state institutions and could lead to an unnecessary flood of litigation in federal courts. Furthermore, he believed it was not clear whether Illinois law provided an adequate remedy for racial discrimination in schools, as no definitive ruling had been made by the Illinois Supreme Court on this issue. Therefore, he felt it would have been more appropriate for the case to be returned back down through lower courts before reaching Federal level again if necessary.