In the 1972 case, National Association for the Advancement of Colored People (NAACP) v. New York, the NAACP challenged a decision by New York City's Board of Education to close two predominantly black high schools due to poor academic performance and low enrollment rates. The NAACP argued that this action was racially discriminatory and violated students' constitutional rights under the Fourteenth Amendment’s Equal Protection Clause. However, in a unanimous decision led by Justice William O. Douglas, the U.S Supreme Court ruled against the NAACP stating that there was no evidence showing racial discrimination or violation of equal protection rights as all students were transferred to better-performing integrated schools within their district boundaries.

In the dissenting opinion for the case of NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NEW YORK CITY REGION OF NEW YORK CONFERENCE OF BRANCHES, et al. v. NEW YORK et al., 1972, Justice Marshall argued that New York's school financing system was unconstitutional because it discriminated against poor students in violation of the Equal Protection Clause. He believed that education is a fundamental right and any state action which impairs this right should be subjected to strict scrutiny by courts. According to him, there was no compelling state interest justifying New York's reliance on local property taxes to fund schools as it resulted in significant disparities between wealthy and poor districts. He also disagreed with the majority’s view that federal courts should not intervene in matters related to public education funding since he considered such intervention necessary when states fail to provide equal educational opportunities for all children regardless of their socio-economic status.