In the 1943 case United States et al. v. Wabash Railroad Co. et al., the Supreme Court of the United States addressed issues related to railroad freight rates and their regulation by federal authorities under the Interstate Commerce Act (ICA). The government, acting through its agencies, sought to prevent railroads from charging higher rates for shorter distances than they did for longer ones on similar types of cargo within a single state or between states. The railroads argued that these regulations violated their rights under the Fifth Amendment's Due Process Clause because it deprived them of fair earnings without sufficient justification or compensation. The court ruled in favor of the government, upholding its authority to regulate interstate commerce and affirming that such regulations do not violate due process as long as they are reasonable and serve a legitimate public interest. It held that preventing discrimination in freight charges was indeed a valid public purpose under ICA, even if this resulted in lower profits for some carriers compared with others operating over different routes or distances.

The dissenting opinion in the United States v. Wabash Railroad Co. case argued that the majority's decision to uphold an order by the Interstate Commerce Commission (ICC) was incorrect because it failed to consider whether or not such a directive would be just and reasonable, as required by law. The ICC had ordered certain railroads to establish through routes and joint rates with other carriers, but according to this dissenting view, there was no evidence presented proving these orders were necessary for public convenience or necessity - another requirement under existing legislation. Furthermore, they believed that forcing private companies into business relationships without their consent violated principles of free enterprise and individual liberty protected under U.S Constitution.