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Smith v. Allwright (1944)

Smith v. Allwright, 64 S.Ct 757, (1944) was argued by Thurgood Marshall and was the last of the four so called White Texas Primary cases all of which went to the U.S. Supreme Court. People may be surprised to learn that in 1927 then again in 1932, a black doctor from El Paso, Texas won the first two White Texas Primary cases against the all white Democratic Party in Texas which had first enacted a statute, Nixon vs Herndon (1927) then adopted a party rule, Nixon v. Condon (1932) which prohibited Blacks from voting in their primary. In Smith v. Allwright which Thurgood Marshall reminiscing in his retirement called his greatest civil rights case, even greater than Brown v. Board of Education, the U.S. Supreme Court ruled that political parties are not private, voluntary associations but rather are extensions of the state and thus may not adopt party rules, membership requirements or candidacy requirements which are contrary to the U.S. Constitution. These are obscure cases, but nonetheless at the time they were momentous. In Ben Green's biography of Harry T. Moore, Before His Time - The Untold Story of Harry T. Moore, America's First Civil Rights Martyr (1999), the author writes -

         Flushed with the excitement from Smith v. Allwright, Harry Moore immediately pressed the fight to open up the white primary. For twenty years, he had been teaching black school children to fill out sample ballots, long before they were old enough to vote at all, much less in Democratic party primaries, and he was determined to teach those same children - now grown to adulthood - to fill out real ballots and cast them in the one election that counted.         



Now contrast this landmark U.S. Supreme Court case with what Judge George Sprinkel, IV, was able to do on June 25, 2001 in the case Kelly v. Oliver when he ruled that political parties are "private, voluntary associations" thus reversing the law of the land. This actually happened and Sprinkel's ruling is still in effect. The social and political "sciences" are not sciences and this proves it; social and political "sciences" are at the whim of human folly.