Harry Blackmun

“ No other municipal recreational facility in the city of Jackson has been discontinued. Indeed, every other service-parks, auditoriums, golf courses, zoo-that once was segregated, has been continued and operates on a nonsegregated basis. One must concede that this was effectuated initially under pressure of the 1962 declaratory judgment of the federal court. (2) The pools are not part of the city's educational system. They are a general municipal service of the nice-to-have but not essential variety, and they are a service, perhaps a luxury, not enjoyed by many communities. ”

“ Justice BLACK's opinion and the judgment of the Court.
Cases such as this are 'hard' cases for there is much to be said on each side. In isolation this litigation may not be of great importance; however, it may have significant implications. ”