The U.S. Supreme Court case Chicago & Southern Air Lines, Inc. v. Waterman Steamship Corp., 1947 revolved around the issue of whether or not decisions made by the Civil Aeronautics Board (CAB) could be reviewed by federal courts. The CAB had granted international flight routes to Chicago & Southern Air Lines over Waterman Steamship Corporation, which led to a legal dispute between these two companies. The Supreme Court ruled in favor of CAB's decision-making authority and held that its decisions were final unless reversed by the President himself under his executive power on foreign affairs matters as provided for in Section 1006(e) of the Federal Aviation Act; thus they could not be subjected to judicial review due to their nature involving foreign policy considerations - an area where Executive Branch has more expertise than Judiciary.

In the dissenting opinion for Chicago & Southern Air Lines, Inc. v. Waterman Steamship Corp., Justice Wiley Rutledge argued that the Supreme Court should have jurisdiction to review decisions made by the President or his delegates in foreign affairs matters when they involve legal questions. He believed that denying this power would undermine judicial independence and weaken constitutional checks and balances. Furthermore, he contended that while national security considerations are important, they should not be used as a blanket reason to prevent judicial review of executive actions in all cases related to foreign affairs or national defense issues. Thus, he disagreed with the majority's decision which held that orders from administrative agencies involving foreign policy were not subject to judicial review due to their political nature.