In the case of Boston & Maine Railroad et al. v. United States et al., 1958, the Supreme Court ruled in favor of the U.S government and against a group of railroads who were challenging an order by the Interstate Commerce Commission (ICC). The ICC had ordered that certain New England rail carriers must continue to provide passenger services despite their claims that these routes were unprofitable and causing financial hardship. The railroad companies argued this was beyond ICC's authority, but the court disagreed stating that under federal law, specifically Section 13(4) of Interstate Commerce Act, it is within ICC’s power to require continued service if they deem it necessary for public convenience and necessity even though such operations might be conducted at a loss.

In the dissenting opinion for Boston & Maine Railroad et al. v. United States et al., Justice Harlan argued that the Interstate Commerce Commission (ICC) had overstepped its authority by ordering a merger of two railroad companies without their consent and against their will. He contended that such an action was not within the ICC's power, as it went beyond regulation and into direct management of private business affairs. Furthermore, he expressed concern about potential negative impacts on competition in New England's rail industry due to this forced consolidation. In his view, there were other less drastic alternatives available to address financial difficulties faced by these railroads which should have been considered before resorting to a compulsory merger.