Background
During World War II, it was a common practice of many railroad companies to issue wharfage charges on customers when transporting goods from railroad cars and onto piers, or vice versa. At some point during the war, the United States government (referred to by the Court in its decision as the "Government") took over operating control of a number of piers in Norfolk, Virginia. Instead of using the railroad companies' wharfage services, the Government transferred its cargo to and from piers using its own materials. The Government, not requiring any railroad services apart from transporting the goods to and from the site, requested that it be granted an allowance for the wharfage fees, effectively asking for a refund of fees already paid before the request was made. The railroads refused to make this allowance, prompting the Government to request that the railroads then perform the services themselves, a request which the railroads also denied.
World War II, also known as the Second World War, was a global war that lasted from 1939 to 1945. The vast majority of the world's countries—including all the great powers—eventually formed two opposing military alliances: the Allies and the Axis. A state of total war emerged, directly involving more than 100 million people from over 30 countries. The major participants threw their entire economic, industrial, and scientific capabilities behind the war effort, blurring the distinction between civilian and military resources. World War II was the deadliest conflict in human history, marked by 50 to 85 million fatalities, most of whom were civilians in the Soviet Union and China. It included massacres, the genocide of the Holocaust, strategic bombing, premeditated death from starvation and disease, and the only use of nuclear weapons in war.
A pier is a raised structure in a body of water, typically supported by well-spaced piles or pillars. Bridges, buildings, and walkways may all be supported by piers. Their open structure allows tides and currents to flow relatively unhindered, whereas the more solid foundations of a quay or the closely spaced piles of a wharf can act as a breakwater, and are consequently more liable to silting. Piers can range in size and complexity from a simple lightweight wooden structure to major structures extended over 1600 metres. In American English, a pier may be synonymous with a dock.
Norfolk is an independent city in the Commonwealth of Virginia in the United States. At the 2010 census, the population was 242,803; in 2017, the population was estimated to be 244,703 making it the second-most populous city in Virginia after neighboring Virginia Beach.
The Government, in turn, filed a complaint with the Interstate Commerce Commission (ICC) against the railroads. In this complaint, the Government argued that, because the railroads had not performed the service that usually called for the wharfage fees, it was, "unjust, unreasonable, discriminatory, [and] excessive" for the railroads to exact payment. The complaint went on to request that the ICC declare the railroads' actions as unlawful (claiming that they violated the Interstate Commerce Act ("Act")), and to award the Government damages for the illegal exaction of wharfage fees. The ICC found that the fees imposed upon the Government were not unreasonable or in violation of the Act. The ICC denied reparations and dismissed the Government's complaint.
The Interstate Commerce Commission (ICC) was a regulatory agency in the United States created by the Interstate Commerce Act of 1887. The agency's original purpose was to regulate railroads to ensure fair rates, to eliminate rate discrimination, and to regulate other aspects of common carriers, including interstate bus lines and telephone companies. Congress expanded ICC authority to regulate other modes of commerce beginning in 1906. Throughout the 20th century several of ICC's authorities were transferred to other federal agencies. The ICC was abolished in 1995, and its remaining functions were transferred to the Surface Transportation Board.
After the ICC's decision, the United States government sought relief in United States District Court for the District of Columbia to have the decision rescinded. In this complaint, the U.S. Government argued that the ICC's decision was capricious, arbitrary, and based on a misapplication of law. Language in the 28 U.S.C. 46 required that any judicial action taken to set aside a decision of the ICC "shall be brought... against the United States," which effectively meant that the United States was bringing suit against itself. As such, the District Court required the Attorney General to appear in court as both plaintiff and defendant on behalf of the Government. The District Court dismissed the case without addressing the matter in contention, basing their decision on the common law standard that one party cannot bring suit against itself; accordingly, they reasoned, the United States could not bring suit against the United States.
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit.
The Code of Laws of the United States of America is the official compilation and codification of the general and permanent federal statutes of the United States. It contains 53 titles. The main edition is published every six years by the Office of the Law Revision Counsel of the House of Representatives, and cumulative supplements are published annually. The official version of those laws not codified in the United States Code can be found in United States Statutes at Large.
In law, common law is that body of law derived from judicial decisions of courts and similar tribunals. The defining characteristic of “common law” is that it arises as precedent. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision. If, however, the court finds that the current dispute is fundamentally distinct from all previous cases, and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue. The court states an opinion that gives reasons for the decision, and those reasons agglomerate with past decisions as precedent to bind future judges and litigants. Common law, as the body of law made by judges, stands in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch. Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.
Issues presented
In addition to the facts of the case proper, the Court first had to address the concerns raised by the District Court that prompted them to dismiss the Government's suit. Namely, it appeared that the lawsuit, as necessarily constructed by statute, caused the United States to sue itself. Similarly, the Court addressed the argument made by the railroads that, because the Act specified the United States as the defendant in this sort of case, Congress crafted the Act with the intention of preventing the Government from challenging the ICC's orders.
Another facet of the suit that the Court addressed was the defendant's argument that the decision made by the ICC was not subject to judicial review. For precedent, the defendant cited part 9 of the Interstate Commerce Act (49 U.S.C. 9) which states, in short, that a party pursuing damages against a common carrier has the choice of bringing action against said carrier with the ICC or in any U.S. district court of "competent jurisdiction." Because the Government had already pursued relief with the ICC, it was argued that the avenue of judicial review was closed.
Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries.
A common carrier in common law countries is a person or company that transports goods or people for any person or company and that is responsible for any possible loss of the goods during transport. A common carrier offers its services to the general public under license or authority provided by a regulatory body. The regulatory body has usually been granted "ministerial authority" by the legislation that created it. The regulatory body may create, interpret, and enforce its regulations upon the common carrier with independence and finality, as long as it acts within the bounds of the enabling legislation.
The final two points that the Court addressed were that of court composition and the ability for the case to be heard on its merits. Specifically, the Court decided on whether the district court hearing this case should be composed of three judges or just one, whether a decision of such court could be appealed directly to the Supreme Court, and if, in fact, the district court could hear and decide on the case based on issues of merit rather than issues of standing.
Decision
Associate Justice Hugo Black, joined by Chief Justice Fred M. Vinson and Associate Justices Reed, Douglas, Murphy, and Rutledge delivered the opinion of the Court. In brief, the Court ruled that the District Court's decision to dismiss the Government's complaint was improper, and ordered the dismissal reversed, remanding the complaint back to the lower court for a hearing based on the case's merits.
In the matter of whether this case, at one point referred to as "United States v. United States, et al.," was a violation of the long-standing theory that a group cannot sue itself, the Court declared that the line of reasoning presented was improper. The Court stated that the defendant's position relied too heavily on mere nomenclature rather than the facts of the case at hand. The opinion presents an analogy for comparison; John Smith suing himself presents no controversy that a court may rule upon, but this same John Smith might indeed have a valid case to bring against another man also named John Smith. In the present case, the Court determined that the controversies involved are "traditionally justiciable," and that the Government, unless prevented by law, has the same right as any other shipper to seek the protection of the courts. This portion of the defendant's position was judged as untenable.
Regarding the defendant's argument that the language of the Interstate Commerce Act demonstrates a legislative intent to prevent the Government from disobeying decisions made by the Interstate Commerce Commission, the Court held that the defendant was in error. If this argument was to be accepted, the Court reasoned, Congress would have been intentionally forcing the United States (as a shipper) to give up the power of self-protection that is enjoyed by every other shipper. The appearance of the Attorney General on both sides of the case was merely a function of the duties of his position rather than a necessary demonstration of the impossibility of suit.
On the issue of the Government's inability to bring suit in a court after having unsuccessfully made a complaint with the ICC, the Court determined that forbidding judicial review in this manner was "out of harmony with the general legislative pattern of administrative and judicial relationships." The Court stated that the defendant's position on this matter was unacceptable. The opinion remarked that, by this argument, "the order [of the ICC] is final and not reviewable by any court, even though entered arbitrarily, without substantial evidence, and in defiance of law." Such a position was deemed inappropriate, and this argument was rejected.
In the final points, the Court found that a judicial review of the type brought by the Government against the railroads did not require a three-judge panel to make a ruling; rather, a single judge was the most appropriate course. In accordance with the other points the Court adopted, it declared that, because the District Court did not hear the case based on the merits of the complaint, it was appropriate to reverse the decision of the lower court and remand the case back for such judgment.
The Hepburn Act is a 1906 United States federal law that gave the Interstate Commerce Commission (ICC) the power to set maximum railroad rates and extend its jurisdiction. This led to the discontinuation of free passes to loyal shippers. In addition, the ICC could view the railroads' financial records, a task simplified by standardized bookkeeping systems. For any railroad that resisted, the ICC's conditions would remain in effect until the outcome of legislation said otherwise. By the Hepburn Act, the ICC's authority was extended to cover bridges, terminals, ferries, railroad sleeping cars, express companies and oil pipelines.
A lawsuit is a proceeding by a party or parties against another in the civil court of law.
The archaic term "suit in law" is found in only a small number of laws still in effect today.
The term "lawsuit" is used in reference to a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.
Adair v. United States, 208 U.S. 161 (1908), was a US labor law case of the United States Supreme Court which declared that bans on "yellow-dog" contracts were unconstitutional. The decision reaffirmed the doctrine of freedom of contract which was first recognized by the Court in Allgeyer v. Louisiana (1897). For this reason, Adair is often seen as defining what has come to be known as the Lochner era, a period in American legal history in which the Supreme Court tended to invalidate legislation aimed at regulating business.
Parens patriae is Latin for "parent of the nation". In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian, or informal caretaker, and to act as the parent of any child or individual who is in need of protection. For example, some children, incapacitated individuals, and disabled individuals lack parents who are able and willing to render adequate care, thus requiring state intervention.
United States v. Morrison, 529 U.S. 598 (2000), is a United States Supreme Court decision which held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution.
Elk Grove Unified School District v. Newdow, 542 U.S. 1 (2004), was a case decided by the U.S. Supreme Court. The lawsuit, originally filed as Newdow v. United States Congress, Elk Grove Unified School District, et al. in 2000, led to a 2002 ruling by the United States Court of Appeals for the Ninth Circuit that the words "under God" in the Pledge of Allegiance are an endorsement of religion and therefore violate the Establishment Clause of the First Amendment to the United States Constitution. After an initial decision striking the congressionally added "one nation under God" language, the superseding opinion on denial of rehearing en banc was more limited, holding that compelled recitation of the language by school teachers to students was invalid.
The Surface Transportation Board (STB) of the United States is a federal, bipartisan, independent adjudicatory board. The STB was established in 1996 to assume some of the regulatory functions that had been administered by the Interstate Commerce Commission when the ICC was abolished. Other ICC regulatory functions were either eliminated or transferred to the Federal Motor Carrier Safety Administration or to the Bureau of Transportation Statistics within DOT.
Federal Election Commission v. Akins, 524 U.S. 11 (1998), was a United States Supreme Court case deciding that an individual could sue for a violation of a federal law pursuant to a statute enacted by the U.S. Congress which created a general right to access certain information.
The Interstate Commerce Act of 1887 is a United States federal law that was designed to regulate the railroad industry, particularly its monopolistic practices. The Act required that railroad rates be "reasonable and just," but did not empower the government to fix specific rates. It also required that railroads publicize shipping rates and prohibited short haul or long haul fare discrimination, a form of price discrimination against smaller markets, particularly farmers in Western or Southern Territory compared to the Official Eastern states. The Act created a federal regulatory agency, the Interstate Commerce Commission (ICC), which it charged with monitoring railroads to ensure that they complied with the new regulations.
The Tucker Act is a federal statute of the United States by which the United States government has waived its sovereign immunity with respect to certain lawsuits.
United States v. Florida East Coast Railway Co., 410 U.S. 224 (1973), was a case decided by the United States Supreme Court.
United States v. Students Challenging Regulatory Agency Procedures (SCRAP), 412 U.S. 669 (1973), was a landmark decision of the United States Supreme Court in which the Court held that the members of SCRAP, five law students from the George Washington University, had standing to sue under Article III of the Constitution to challenge a nationwide railroad freight rate increase approved by the Interstate Commerce Commission (ICC). SCRAP was the first full-court consideration of the American National Environmental Policy Act (NEPA). The Court also reversed the lower court decision that an injunction should be issued at the suspension stage of the ICC rate proceeding. The standing decision has retained its place as the high mark in the Court's standing jurisprudence.
Loewe v. Lawlor, 208 U.S. 274 (1908), also referred to as the Danbury Hatters' Case, is a United States Supreme Court case in US labor law concerning the application of antitrust laws to labor unions. The Court's decision effectively outlawed the secondary boycott as a violation of the Sherman Antitrust Act, despite union arguments that their actions affected only intrastate commerce. It was also decided that individual unionists could be held personally liable for damages incurred by the activities of their union.
Sosa v. Alvarez-Machain, 542 U.S. 692 (2004), was a United States Supreme Court case involving the Alien Tort Statute and the Federal Tort Claims Act.
Sarah Keys v. Carolina Coach Company, 64 MCC 769 (1955) is a landmark civil rights case in the United States in which the Interstate Commerce Commission, in response to a bus segregation complaint filed in 1953 by a Women's Army Corps (WAC) private named Sarah Louise Keys, broke with its historic adherence to the Plessy v. Ferguson separate but equal doctrine and interpreted the non-discrimination language of the Interstate Commerce Act as banning the segregation of black passengers in buses traveling across state lines.
Boddie v. Connecticut, 401 U.S. 371 (1971), was a case before the United States Supreme Court.
Pfizer Inc. v. Government of India, 434 U.S. 308 (1978), decision of the Supreme Court of the United States in which the Court held that foreign states are entitled to sue for treble damages in U.S. courts, and should be recognized as "persons" under the Clayton Act.
Preseault v. United States was a notable US court case involving Rail to Trails programs in the state of Vermont. The case involved the scope of the government’s ownership in public interests it had abandoned years prior to its decision to reuse the property for another task without considering the land-owners rights.
Apple Inc. v. Pepper is a pending United States Supreme Court case related to antitrust laws related to third-party resellers. The case centers on Apple Inc.'s App Store, and whether consumers of apps offered through the store have Article III standing under federal antitrust laws to bring a class-action antitrust lawsuit against Apple for practices it uses to regulate the App Store. The case centers on the applicability of the "Illinois Brick doctrine" established by the Supreme Court in 1977 via Illinois Brick Co. v. Illinois, which determined that indirect consumers of products lack Article III standing to bring antitrust charges against producers of those products.
