In the 1944 case of Akins v. Texas, the United States Supreme Court upheld a Texas law that prohibited African Americans from voting in Democratic primary elections. The plaintiff, Lonnie E. Akins, an African American man and registered voter in Texas, challenged this law as unconstitutional under the Fourteenth and Fifteenth Amendments which guarantee equal protection under the laws and prohibit racial discrimination in voting rights respectively. However, the court ruled against him with a majority opinion written by Justice Stanley Forman Reed stating that political parties are private entities not subject to these constitutional provisions because they do not constitute state action or governmental function even though their activities may have significant public impact. This decision was later overruled by Smith v Allwright (1944) where it was held that primaries were part of election procedure hence subject to constitutional scrutiny.

In the dissenting opinion for Akins v. Texas, Justice Robert H. Jackson argued that the majority's decision to uphold a Texas law barring African Americans from voting in primary elections was inconsistent with previous Supreme Court rulings and violated constitutional principles of equal protection under the law. He contended that political parties are not private organizations but public entities regulated by state laws, and therefore cannot discriminate based on race. Furthermore, he pointed out that primaries play an essential role in determining election outcomes; thus excluding certain groups from participating effectively denies them their right to vote. He also criticized the court for failing to consider evidence demonstrating discriminatory intent behind such laws.