smith allwright argued january decided april amended june rehearing denied may see thurgood marshall baltimore william hastie washington petitioner george barcus austin gerald mann attorney general texas amicus curiae special leave appearance respondents justice reed delivered opinion writ certiorari brings review claim damages sum part petitioner negro citizen precinct harris county texas refusal respondents election associate election judges respectively precinct give petitioner ballot permit cast ballot primary election july nomination democratic candidates senate house representatives governor state officers refusal alleged solely race color proposed voter actions respondents said violate sections title code petitoner deprived rights secured sections article fourteenth fifteenth seventeenth ments constitution suit filed district southern district texas jurisdiction judicial code section subsection district denied relief sought circuit appeals quite properly affirmed action authority grovey townsend granted petition certiorari resolve claimed inconsistency decision grovey case classic state texas constitution statutes provides every person certain requirements met issue qualified residence district county deemed qualified elector constitution texas article vi section vernon vernon civil statutes ed article primary elections senators congressmen state officers provided chapters twelve thirteen statutes chapters democratic party required hold primary occasion alleged wrong petitioner summary state statutes regulating primaries appears nominations made qualified voters party art democratic party texas held state association bell hill tex protected section bill rights art constitution texas interference state except interest fair methods fair expression members preferences selection nominees state may regulate elections proper laws page page stated right organize maintain political party one guaranteed bill rights state necessarily follows every privilege essential reasonably appropriate exercise right likewise guaranteed including course privilege determining policies party membership without privilege determining policy political association membership right organize association mere mockery think rights right determine membership political party determine policies necessity exercised state convention party circumstances conferred upon state governmental agency page page cf waples marrast tex democratic party may state convention adopted following resolution since abrogated annulled avoided resolved white citizens state texas qualified vote constitution laws state shall eligible membership democratic party entitled participate deliberations virtue resolution respondents refused permit petitioner vote texas free conduct elections limit electorate may deem wise save action may affected prohibitions constitution conflict powers delegated exercised national government fourteenth amendment forbids state making enforcing law abridges privileges immunities citizens fifteenth amendment specifically interdicts denial abridgement state right citizens vote account color respondents appeared district circuit appeals defended ground democratic party texas voluntary organization members banded together purpose selecting individuals group representing common political beliefs candidates general election voluntary organization claimed democratic party free select membership limit whites participation party primary action answer asserted violate fourteenth fifteenth seventeenth amendment officers government chosen primaries amendments applicable general elections governmental officers actually elected primaries said political party affairs handled party governmental officers appearance respondents made arguments presented attorney general texas chairman state democratic executive committee texas amici curiae urged substantially grounds advanced respondents right negro vote texas primary considered heretofore first case nixon herndon time texas statute art acts called afterwards numbered art declared event shall negro eligible participate democratic party primary election state texas nixon refused right vote democratic primary brought suit damages election officers present sections title respectively urged denial franchise nixon violated constitutional rights fourteenth fifteenth amendments without consideration fifteenth held action texas denying ballot negroes statute violation equal protection clause fourteenth amendment reversed dismissal suit legislature texas reenacted article gave state executive committee party power prescribe qualifications members voting participation article remains statutes state executive committee democratic party adopted resolution white democrats none might participate primaries party nixon refused privilege voting primary brought suit damages virtue section title reversed dismissal suit reason committee action deemed state action invalid discriminatory fourteenth amendment test said whether committee operated representative state discharge state authority nixon condon question inherent power political party texas restraint law determine membership lift open grovey townsend another suit damages refusal primary county clerk texas officer public functions perform furnish petitioner negro absentee ballot refusal solely ground race case differed nixon condon supra state convention democratic party passed resolution may hereinbefore quoted decided determination state convention membership democratic party made significant change determination executive committee former party action voluntary character latter held condon case action authority state managers primary election therefore declared state officials sense action state action state convention party said organ state went announce deny vote primary mere refusal party membership state need concern state deny vote general election ground race color violated constitution consequently found ground holding county clerk refusal ballot racial ineligibility party membership denied petitioner right fourteenth fifteenth amendments since grovey townsend prior present suit case texas involving primary elections decide however classic held section article constitution authorized congress regulate primary well general elections pages page primary law made integral part election machinery page page consequently classic case upheld applicability frauds louisiana primary criminal code thereby corrupt acts election officers subjected congressional sanctions body power protect rights federal suffrage secured constitution primary general elections page page decision depended determination louisiana statutes primary part procedure choice federal officials decision doubt whether primaries part subject federal control remained unanswered since newberry erased nixon cases decided equal protection clause fourteenth amendment without determination status primary part electoral process exclusion negroes primaries action state held invalid amendment fusing classic case primary general elections single instrumentality choice officers definite bearing permissibility constitution excluding negroes primaries say classic case cuts directly rationale grovey townsend latter case mentioned opinion classic bears upon grovey townsend exclusion negroes primaries less state action reason unitary character electoral process recognition place primary electoral scheme makes clear state delegation party power fix qualifications primary elections delegation state function may make party action action state grovey townsend written looked upon denial vote primary mere refusal party party membership page page louisiana statutes holding primaries similar texas ruling classic unitary character electoral process calls reexamination whether exclusion negroes texas party primary state action statutes texas relating primaries resolution democratic party texas extending privileges membership white citizens substance effect today grovey townsend decided unanimous question whether exclusionary action party action state persists determinative factor entering upon consideration inference drawn state action substantially similar factual situation noted grovey townsend upheld exclusion negroes primaries denial party membership party convention years refused approval exclusion state executive committee party different result reached theory committee action state authorized convention action unfettered statutory control variation result slight change form influences us consider anew legal validity distinction resulted barring negroes participating nominations candidates democratic party texas precedents forbid abridgement right vote reese neal delaware guinn myers anderson lane wilson may taken postulate right vote primary nomination candidates without discrimination state like right vote general election right secured constitution classic page page myers anderson ex parte yarbrough et terms fifteenth amendment right may abridged state account race constitution great privilege ballot may denied man state color thus brought examination qualifications democratic primary electors texas determine whether state action private action excluded negroes participation despite texas decision exclusion produced private party action bell hill supra federal courts must appraise facts leading conclusion performance obligation final uniform interpretation given constitution law land nixon condon standard oil johnson bridges california lisenba california union pacific milk wagon drivers union meadowmoor dairies chambers florida texas requires electors primary pay poll tax every person pay qualifications age residence acceptable voter primary art appears summary statutory provisions set note texas requires law election county officers party compose county executive committee county chairmen selected members district executive committee choose chairman district precinct primary election officers named county executive committee statutes provide election voters precinct delegates county convention party selection delegates district state conventions county convention state convention selects state executive committee convention may place platform resolution demand specific legislation without endorsement legislation voters primary texas thus directs selection party officers primary elections conducted party state statutory authority county executive committee selects precinct election officials county district state executive committees respectively canvass returns party committees state convention certify party candidates appropriate officers inclusion official ballot general election name certified may appear upon ballot general election candidate political party name may printed ballot placed nomination qualified voters must take oath participate primary selection candidate office nomination made state courts given exclusive original jurisdiction contested elections mandamus proceedings compel party officers perform statutory duties think statutory system selection party nominees inclusion general election ballot makes party required follow legislative directions agency state far determines participants primary election party takes character state agency duties imposed upon state statutes duties become matters private law performed political party plan texas primary follows substantially louisiana exception louisiana state pays cost primary texas assesses cost candidates numerous instances texas statutes fix limit fees charged whether paid directly state state requirements state action compels primaries become part machinery choosing officials state national tests determine character discrimination abridgement applied primary applied general election state requires certain electoral procedure prescribes general election ballot made party nominees chosen limits choice electorate general elections state offices practically speaking whose names appear ballot endorses adopts enforces discrimination negroes practiced party entrusted texas law determination qualifications participants primary state action within meaning fifteenth amendment guinn constitutional democracy organic law grants citizens right participate choice elected officials without restriction state race grant people opportunity choice nulified state casting electoral process form permits private organization practice racial discrimination election constitutional rights little value thus indirectly denied lane wilson privilege membership party may said grovey townsend concern state privilege also essential qualification voting primary select nominees general election state makes action party action state reaching conclusion unmindful desirability continuity decision constitutional questions however convinced former error never felt constrained follow precedent constitutional questions correction depends upon amendment upon legislative action throughout history freely exercised power reexamine basis constitutional decisions long accepted practice continued day particularly true decision believed erroneous application constitutional principle rather interpretation constitution extract principle applying contrary recent decision grovey townsend well established principle fifteenth amendment forbidding abridgement state citizen right vote grovey townsend overruled judgment reversed justice frankfurter concurs result justice roberts mahnich southern steamship expressed views respect present policy freely disregard overrule considered decisions rules law announced tendency seems indicates intolerance composed past conscientiously deliberately concluded involves assumption knowledge wisdom reside us denied predecessors shall repeat said consider fully applicable instant decision points moral anew word said respect judicial history forming background grovey townsend overruled texas adopted statute declared negro eligible participate democratic primary election state negro citizen texas qualified vote except provisions statute denied opportunity vote primary election candidates chosen offices senator representative congress brought action judges election damages refusal accept ballot unanimously reversed judgment dismissing complaint held judges acted pursuant state law state texas statute denied voter equal protection secured fourteenth amendment nixon herndon legislature texas repealed provision condemned enacted every political party state might executive committee prescribe qualifications members determine way qualified vote participate party except denial participation decreed reason former political affiliation thereupon state executive committee democratic party texas adopted resolution white democrats allowed participate party primaries negro whose primary ballot rejected pursuant resolution sought recover damages judges rejected district dismissed action circuit appeals affirmed reversed judgment sustained right action vote nixon condon opinion written care refused decide whether political party texas inherent power determine membership said however inherent power state political party determine content membership resides state convention referred statutes texas demonstrate state left convention free formulate party faith attention directed fact statute attack leave party convention definition party membership placed party state executive committee stretch reasoning held constitute party held therefore state executive committee acted solely virtue statutory mandate delegate state power struck discrimination negro voters deriving force virtue state action statute democratic convention texas adopted resolution white citizens state texas qualified vote constitution laws state shall eligible membership democratic party entitled participate deliberations negro voter qualified vote primary election except exclusion worked resolution demanded absentee ballot entitled mail judges primary election except resolution county clerk refused furnish ballot brought action damages clerk state tribunal final jurisdiction laws texas dismissed complaint brought case review fullest consideration whole opinion written representing unanimous views affirming judgment grovey townsend believe gainsaid case received attention consideration questions involved demanded opinion represented views justices appears views commend shall restate exposed opinion must stand fall merits soundness however matter presently concerns reason concern instant decision overruling announced nine years ago tends bring adjudications tribunal class restricted railroad ticket good day train assurance view current decisions opinion announced today may shortly repudiated overruled justices deem new light subject present term overruled three cases present case mahnich southern relied bound upon previous decision points statutes texas altered since grovey townsend decided resolution involved drawn question grovey townsend fact differentiates case except names parties suggested grovey townsend overruled sub silentio classic situation even worse exhibited outright repudiation earlier decision fact classic case grovey townsend distinguished brief argument government without suggestion wrongly decided relied appellees controlling decision way analogy case mentioned either opinions classic case said opinion case voter denied right vote fully qualified voter words question person entitled state law vote primary offense charged fraudulent denial conceded right election officer race question altogether different whether democratic primary tendered vote member democratic party stop call attention material differences primary election laws louisiana consideration classic case texas drawn question differences spelled detail government brief classic case emphasized oral argument enough say louisiana statutes required primary conducted state officials made state election whereas texas statute primary party election conducted expense members party officials chosen party opinion classic case discloses method overruling earlier decisions protest fairness rather adopted open frank way saying event characterize past action overruling grovey townsend though less sapient never realized fact regrettable era marked doubt confusion era whose greatest need steadfastness thought purpose looked exhibiting consistency adjudication steadiness hold balance even face temporary ebbs flows opinion become breeder fresh doubt confusion public mind stability institutions footnotes citizens otherwise qualified law vote election people state territory district county city parish township school district municipality territorial subdivision shall entitled allowed vote elections without distinction race color previous condition servitude constitution law custom usage regulation state territory authority contrary notwithstanding person color statute ordinance regulation custom usage state territory subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress constitution art house representatives shall composed members chosen every second year people several electors state shall qualifications requisite electors numerous branch state legislature times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations except places chusing choosing senators constitution article xiv persons born naturalized subject jurisdiction thereof citizens state wherein reside state shall make enforce law shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws article xv right citizens vote shall denied abridged state account race color previous condition servitude congress shall power enforce article appropriate legislation article xvii senate shall composed two senators state elected people thereof six years senator shall one vote electors state shall qualifications requisite electors numerous branch state legislatures declaratory judgment also sought constitutionality denial ballot judgment entered declared denial constitutional phase case considered decision merits determines legality action respondents smith allwright extent state controls primary election machinery appears texas statutes follows art vernon texas statutes provides election county chairman party holding primary voters whole county one member party county executive committee voters respective election precincts officers direct charge primary addition statutory provision party convention voters precinct choose delegates county convention latter chooses delegates state convention art state convention authority choose state executive committee chairman art supp condidates offices filled election required nominated primary election nominating party cast votes preceding general election art date primary fixed fourth saturday july majority required nomination candidate receives majority primary two highest standing candidates held fourth saturday august art polling places may within hundred yards used opposite party art precinct primary conducted presiding judge assistants names officials selected county executive committee art absentee voting machinery provided state general elections also used primaries art presiding judges given legal authority similar judges general elections compare art art county executive committee may decide whether county officers nominated majority plurality vote art state executive committee given power fix qualifications party membership art art requires payment poll tax voters primary elections art deals political qualifications candidates nomination senator cf bell hill tex art empowers county committee prepare budget covering cost primary require candidate pay fair share form ballot prescribed art art provides nominations made qualified voters party cf art art prescribes test voters take part primary reads follows official ballot primary election shall symbol device printed matter except uniform primary test reading follows inserting name political party organization voter member pledge support nominee primary ballot shall contain printed test names candidates thereon shall void shall counted appears however morally rather legally enforcible pledge see love wilcox tex arts deal mechanics procuring place primary ballot federal state district county office request place ballot may made state district county party chairman either person desiring nomination qualified voters ballot prepared subcommittee county executive committee art candidate must pay share expenses election name placed ballot art art however limits sum may charged candidates certain posts offices district judge judge civil appeals senator representative state federal legislatures counties fees fixed arts supp supplies election tributed county committee art art authorizes use voting booths ballot boxes guard rails prepared general election organized political party nominating primary election cast one hundred thousand votes preceding general election county tax collector must supply lists qualified voters precincts lists must used primary art precautions secrecy care ballots must observed primary general elections art arts cover making returns county state chairmen convass result county committee art statewide canvass required state executive committee state district officers similar canvass state convention respect state officers provided art nominations district offices certified county clerks state officers secretary state arts ballot boxes ballots returned county clerk art upon certification county committee county clerk must publish result art supp objection made within five days name nominee placed official ballot county clerk art supp cf arts arts provide election contests state district courts exclusive original jurisdiction civil appeals appellate jurisdiction state courts also authorized issue writs mandamus require executive committees committeemen primary officers discharge duties imposed statute art cf art official ballot required contain parallel columns nominees respective parties column independent candidates blank column names voters care write arts names nominees party casting votes last preceding general election may printed ballot unless chosen primary election art candidates party nominees may names printed ballot complying arts sections require applications filed secretary state county judge mayor state district county city offices respectively applications must signed qualified voters number one five per cent ballots cast preceding election depending office signer must take oath effect participate primary candidate office question nominated requirement held preclude one voted party primary appearing ballot independent westerman mims tex see cunningham mcdermett one lost primary may still elected general election vote cunningham mcdermett supra operations party restricted state one important respect act state convention announce platform principles submission primary prerequisite party advocacy specific legislation art cf parker brown cf pollock farmers loan trust see cases collected dissenting opinion burnet coronado oil gas see darby unanimously overruling hammer dagenhart state california thompson unanimously overruling di santo pennsylvania west coast hotel parrish overruling adkins children hospital see morehead new york ex rel tipaldo justices sutherland van devanter mcreynolds butler dissenting helvering mountain producers overruling gillespie oklahoma burnet coronado oil gas erie tompkins overruling swift tyson pet justices butler mcreynolds dissenting graves new york ex rel overruling collector day wall people state new york ex rel rogers graves justices butler mcreynolds dissenting woodrough overruling miles graham justice butler dissenting madden kentucky overruling colgate harvey justices roberts mcreynolds dissenting chief justice hughes concurring grounds helvering hallock overruling helvering louis union trust becker louis union trust justices roberts mcreynolds dissenting chief justice hughes concurring grounds nye overruling toledo newspaper chief justice hughes justices stone roberts dissenting state alabama king boozer unanimously overruling panhandle oil state mississippi ex rel knox graves texas williams north carolina overruling haddock haddock justices jackson murphy dissenting state tax commission aldrich overruling first national bank maine justices jackson roberts dissenting west virginia state board education barnette overruling minersville school district gobitis justices frankfurter roberts reed dissenting cf dissent burnet coronado oil gas page page composed hughes van devanter mcreynolds brandeis sutherland butler stone roberts cardozo