In Northcross et al. v. Board of Education of the Memphis City Schools et al., 1972, the U.S Supreme Court addressed a dispute over attorney's fees in school desegregation cases. The plaintiffs had successfully sued for desegregation and sought to have their legal costs covered by the defendant school board as part of their victory. The lower courts denied this request, arguing that such awards were not customary unless legislation specifically provided for them or if the defendants acted in "bad faith". On appeal, however, the Supreme Court reversed these decisions and ruled that courts could indeed award attorney's fees in successful civil rights litigation under certain circumstances even without explicit statutory authorization or proof of bad faith on part of defendants. This decision was significant because it helped ensure access to court for individuals seeking to enforce civil rights laws by making it financially feasible for attorneys to represent them.

In the dissenting opinion for Northcross et al. v. Board of Education of the Memphis City Schools et al., Justice William O. Douglas argued that the majority's decision to deny attorney fees was a departure from established precedent and undermined efforts to enforce civil rights laws through litigation. He contended that Congress intended for those who successfully challenged discriminatory practices in court to be awarded their legal costs, including attorney fees, as part of their relief under Title IV and VI of the Civil Rights Act 1964. This provision was meant not only as a deterrent against discrimination but also an incentive for private individuals to act as "private attorneys general" in enforcing anti-discrimination laws where government enforcement might be lacking or insufficiently robust. By denying these plaintiffs their attorney fees despite prevailing on appeal, he believed that this would discourage future litigants from pursuing similar cases due to financial constraints thereby undermining effective enforcement of civil rights legislation.