Cite as: 511 U. S. 431 (1994)
Ginsburg, J., dissenting
iff for the [relevant] period." Id., at 358 (citation omitted); id., at 361.4 Accordingly, when the Court upheld the Commission's action in American Trucking as "directly and closely" tailored to a specific statutory mandate, see n. 1, supra, it stressed that other less drastic remedies, like actual damages, would have been ineffective checks. See 467 U. S., at 369-370. Here, by contrast, there is no suggestion that relief of another kind would not do to check any cognizable injury to shippers or mileage guide publishers. See Overland Express, supra, at 362 ("[I]f shippers or mileage guide publishers were to show that they were injured, damages presumably would be adequate to remedy the injury."); see also Brizendine, supra, at 465.
* * *
It may be that "the Court stumbled badly in Maislin Industries." See ante, at 444 (Stevens, J., concurring). But the way to correct that error, if error it was, is to overrule the unsatisfactory precedent, not to feign fidelity to it while avoiding its essential meaning.
For the reasons stated here, and more fully developed in Brizendine and Overland Express, I respectfully dissent.
4 Ironically, the Court's theory in this case—that Riss' tariff was valid and effective until its participation in the HGCB Mileage Guide lapsed, see ante, at 442—should result in application of Riss' "prior" effective tariff, i. e., the same tariff, and not the contract rate, as the Court and the Commission assume.
461
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