In the United States v. Montgomery County Board of Education et al., 1968, the U.S. Supreme Court ruled against a "freedom-of-choice" plan implemented by Alabama's Montgomery County School District that allowed parents to choose which school their child would attend, regardless of race. The court found this policy perpetuated racial segregation rather than eliminating it as mandated by previous rulings such as Brown v. Board of Education (1954). Despite being open in theory to all races, practical factors resulted in most white students attending predominantly white schools and black students attending predominantly black schools under this system. Therefore, the Supreme Court held that freedom-of-choice plans were not sufficient to meet desegregation requirements if they did not result in actual integration.

The dissenting opinion in the case of UNITED STATES v. MONTGOMERY COUNTY BOARD OF EDUCATION et al., 1968, argued that the court's decision to uphold a lower court ruling requiring immediate desegregation of public schools was an overreach of judicial power. The dissenters believed that such decisions should be left to local authorities and communities who are more familiar with their unique circumstances and needs. They also expressed concern about potential negative impacts on students due to sudden changes in school environments and routines, suggesting instead for gradual integration as a more practical approach towards achieving racial equality in education. Furthermore, they questioned whether federal courts had jurisdiction over state matters like public schooling under the Constitution.