The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court .

The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices.

This was one of four cases brought to challenge the Texas all-white Democratic Party primary.

All challenges were supported by the National Association for the Advancement of Colored People (NAACP).

Because there was state action, the case was controlled by Nixon v. Herndon (1927), which prohibited state officials from "discharg[ing] their official functions in such a way as to discriminate invidiously between white citizens and black".