In the case of Papasan v. Allain, 1985, a group of Mississippi public school students and their parents sued state officials alleging that they were being denied equal protection under the Fourteenth Amendment due to disparities in educational funding. The plaintiffs argued that this was because certain lands known as "school trust lands" had been mismanaged by state officials leading to unequal distribution of resources among schools. Initially, the District Court dismissed the claim stating it was a political issue not suitable for judicial resolution but on appeal, Supreme Court held that while claims regarding past mismanagement of funds were barred by Eleventh Amendment immunity (which protects states from suits in federal court), allegations about present-day inequality in education could be examined further at trial level. Thus, while dismissing part of their complaint related to historical land management issues as nonjusticiable (not subject to legal review), Supreme Court allowed plaintiffs' claim concerning current educational inequalities to proceed.

In the dissenting opinion for Papasan v. Allain, Justice Brennan argued that the Court should have addressed whether Mississippi's school funding system violated the Equal Protection Clause of the Fourteenth Amendment. He contended that by dismissing this claim without addressing it on its merits, the majority had failed to uphold their duty as justices. Brennan believed there was a clear disparity in educational opportunities between students in different districts due to unequal funding and resources, which he saw as an unconstitutional violation of equal protection rights under federal law. Furthermore, he disagreed with the majority’s view that these issues were better left to state courts or legislatures; instead asserting that they fell squarely within federal jurisdiction because they involved potential violations of constitutional rights.