In the case of Cairo, Truman & Southern Railroad Company v. United States et al., 1924, the U.S Supreme Court ruled in favor of the government and against a railroad company that had claimed it was unfairly treated by an order from the Interstate Commerce Commission (ICC). The ICC's order required all railroads to stop giving special rates to certain shippers for intrastate commerce if those rates were lower than what they charged for interstate commerce. The railroad company argued this violated their rights under the Fifth Amendment because it deprived them of property without due process and denied them equal protection under law. However, Justice Oliver Wendell Holmes Jr., writing for a unanimous court, rejected these arguments stating that there was no constitutional right to discriminate between customers based on whether goods are being shipped within or across state lines.

In the dissenting opinion for Cairo, Truman & Southern Railroad Company v. United States et al., Justice McReynolds disagreed with the majority's decision to uphold an order by the Interstate Commerce Commission (ICC) that required a railroad company to maintain and operate a loss-making line. He argued that this was tantamount to confiscation of property without due process of law, in violation of the Fifth Amendment. The justice contended that while public convenience is important, it should not be used as justification for imposing heavy losses on private entities like railroads. He also criticized ICC's lack of consideration towards financial implications on such companies when issuing orders and suggested they should instead focus on finding alternative solutions which do not impose undue burdens.