The United States Supreme Court case of the United States ex rel. Louisville Cement Company v. Interstate Commerce Commission in 1917 revolved around a dispute over freight rates for interstate shipping of cement. The Louisville Cement Company argued that the rates set by railroads were discriminatory and violated the Interstate Commerce Act, which prohibits unreasonable and unjust transportation charges. The company sought relief from the Interstate Commerce Commission (ICC), but was denied on grounds that it failed to prove its claim sufficiently. On appeal, however, the Supreme Court ruled in favor of Louisville Cement Company stating that ICC's decision was not supported by substantial evidence and thus reversed their ruling while remanding back to them for further proceedings.

In the dissenting opinion for the United States ex rel. Louisville Cement Company v. Interstate Commerce Commission case, Justice Holmes disagreed with the majority's decision to uphold an order by the Interstate Commerce Commission (ICC) that required railroads to charge equal rates for limestone and cement shipments. He argued that there was no evidence of discrimination against cement shippers as claimed by Louisville Cement Company, stating that different commodities could justifiably have different shipping rates based on their unique characteristics or handling requirements. Furthermore, he contended that it was not within ICC’s jurisdiction to determine what constituted a reasonable rate but rather its role should be limited to ensuring non-discriminatory practices among carriers in interstate commerce. The justice believed this ruling would set a dangerous precedent where ICC could arbitrarily dictate commodity prices without any substantial proof of unfair treatment or violation of existing laws.