In the 1941 case Ex parte Texas et al., the Supreme Court of the United States ruled that a state cannot bring an original action against another state in order to challenge federal laws or regulations. The State of Texas, along with several other states, attempted to initiate proceedings directly before the Supreme Court challenging certain provisions of the Fair Labor Standards Act (FLSA) and its application by Secretary of Labor Frances Perkins. They argued that these provisions violated their sovereign rights under Tenth Amendment. However, Justice Hugo Black delivered a unanimous opinion for the court stating that such disputes must first be brought in lower courts as they do not involve controversies between states but rather issues related to federal law interpretation and application which are outside purview of original jurisdiction granted by Constitution's Article III Section 2 Clause 2.

In the dissenting opinion for Ex parte Texas et al., 1941, it was argued that the Supreme Court should not have jurisdiction over this case. The dissenters believed that the issue at hand was a political question and therefore outside of their purview. They contended that by taking on this case, the court had overstepped its boundaries and intruded upon powers reserved for Congress or state legislatures under federalism principles. Furthermore, they maintained that there were no constitutional violations involved in this matter to warrant judicial intervention. In essence, these justices felt strongly about maintaining separation of powers and respecting states' rights as enshrined in U.S Constitution; hence their disagreement with majority's decision to hear and decide on what they considered a purely political dispute.