Southern Pacific Terminal Co. v. ICC

SCOTUSCase
Litigants=Southern Pacific Terminal Co. v. ICC
ArgueDate=December 9
ArgueYear=1910
DecideDate=February 20
DecideYear=1911
FullName=Southern Pacific Terminal Co. v. Interstate Commerce Commission
USVol=219
USPage=498
Citation=31 S.Ct. 279;
Prior=Appeal from the Circuit Court of the United States for the Southern District of Texas
Subsequent=
Holding=
SCOTUS=1911
Majority=McKenna
JoinMajority="unanimous"
LawsApplied=U.S. Const.

"Southern Pacific Terminal Co. v. ICC", 219 U.S. 498 (1911)ref|citation, was a United States Supreme Court decision that held that while normally, in order for the court to hear a case, there must still be a controversy outstanding, when the issue was such that it would be of short duration, and would most likely become moot before appellate review could take place, and that the issue was likely to reoccur, then the court could hear the issue. The court referred to this condition as, Cquote|The case is not moot where interests of a public character are asserted by the Government under conditions that may be immediately repeated, merely because the particular order involved has expired... The rule that this court will only determine actual controversies, and will dismiss if events have transpired pending appeal which render it impossible to grant the appellant effectual relief does not apply to an appeal involving [a government] order .. merely because that order has expired. Such orders are usually continuing and capable of repetition, and their consideration, and the determination of the right of the Government and the carriers to redress, should not be defeated on account of the shortness of their term.

This condition, known as "capable of repetition, yet evading review," (page 515) has allowed the court to take cases which it otherwise would be unable to decide upon, because the appellant would otherwise have no grounds to appeal. This issue has become important in a number of areas including First Amendment cases involving press coverage of trials "Richmond Newspapers, Inc. v. Virginia", 448 U.S. 555 (1980), and to statutes involving abortion "Roe v. Wade", 410 U.S. 113 (1973}.

ee also

*List of United States Supreme Court cases, volume 219