In the case of Smith v. Butler et al., Trustees, 1960, the U.S Supreme Court was asked to review a decision made by the Supreme Court of Appeals in West Virginia regarding land ownership and mineral rights. The plaintiff, Smith, argued that he had been deprived of his property without due process when an earlier court ruling awarded part of his coal mining rights to another party based on a deed from 1902. This deed contained ambiguous language about whether it included mineral rights or just surface rights to the land in question. The lower courts ruled against Smith but he appealed all the way up to the U.S Supreme Court arguing that this interpretation violated his Fourteenth Amendment right not be deprived of property without due process under law. However, after reviewing these claims and arguments presented by both sides, as well as examining precedent cases dealing with similar issues related to deeds and mineral rights; The US supreme court decided not hear this case thereby letting stand previous rulings against Mr. Smith.

The dissenting opinion in the case of Smith v. Butler et al., Trustees, argued that the majority's decision to uphold a state law requiring racial segregation in private schools was inconsistent with previous Supreme Court rulings on similar issues. The dissenters believed that this ruling violated the Equal Protection Clause of the Fourteenth Amendment by allowing for discrimination based on race. They also pointed out that while states have broad powers to regulate education, these powers should not extend to enforcing racially discriminatory policies. Furthermore, they contended that even though these were private institutions receiving public funds, they still had an obligation under federal law and constitutionally protected civil rights not to discriminate against students based on their race or ethnicity.