Consolidated Rail Corporation v. United States of America and Interstate Commerce Commission, Grocery Manufacturers of America, Inc., Intervenors

This case has been argued by the Interstate Commerce Commission and the Justice Department as though the health of the American public would be gravely affected by its outcome. Were this true, I would find it difficult to lodge a dissent. But in fact the health of the nation is not at stake here because no matter how this case is decided the Commission will have ample power to create a fleet of sanitary freight cars, if indeed such a fleet is needed.1 What is at issue here is the proper interpretation of a sliver of the Commission’s overall regulatory authority.2 Specifically, what must be…