In the 1944 case, Congress of Industrial Organizations et al. v. McAdory et al., the United States Supreme Court dealt with a challenge to an Alabama statute that required labor unions to file certain financial and membership information as a condition for soliciting members within the state. The court dismissed this appeal on procedural grounds, stating it was not ripe for review because no actual harm had occurred yet - no union had been prosecuted or threatened with prosecution under this law at that time. Therefore, there was no "case or controversy" which is necessary for federal courts to have jurisdiction according to Article III of the Constitution. This decision did not rule on whether such requirements were constitutional but merely stated they could not be challenged until someone was actually harmed by them.

In the dissenting opinion for Congress of Industrial Organizations et al. v. McAdory et al., Justice Frank Murphy argued that the court should not have dismissed the case as moot, but rather should have decided on its merits. He contended that labor unions were left in a state of uncertainty regarding their rights and obligations under Alabama law due to this dismissal, which could potentially lead to further litigation and conflict between employers and employees. Furthermore, he believed that it was within the Supreme Court's jurisdiction to decide on such matters even if they might be considered political questions by some people or institutions.