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.