The Monroe v. Board of Commissioners of the City of Jackson case in 1967 dealt with racial discrimination and segregation within public recreational facilities in Jackson, Tennessee. The plaintiffs, African-American residents, argued that despite a desegregation order issued by the city's board of commissioners to integrate all municipal facilities, discriminatory practices were still prevalent particularly at swimming pools which remained segregated due to private leasing arrangements made by the city. The U.S Supreme Court ruled in favor of the plaintiffs stating that such leasing agreements perpetuated racial segregation and violated their Fourteenth Amendment rights for equal protection under law. This decision reinforced that any attempts to circumvent desegregation orders through indirect means like private leases were unconstitutional.

In the dissenting opinion for Monroe et al. v. Board of Commissioners of the City of Jackson et al., Justice Harlan argued that there was no constitutional violation in this case, as it involved a local government's decision to close public facilities rather than desegregate them. He contended that while such an action might be morally questionable and socially undesirable, it did not infringe upon any rights protected by the Fourteenth Amendment since all citizens were equally deprived access to these facilities regardless of race or color. Furthermore, he believed that federal courts should refrain from interfering with local decisions unless they clearly violate constitutionally protected rights; otherwise, they risk overstepping their judicial authority and intruding into matters best left to legislative bodies at state or municipal levels.