Supreme Court Sides With Amtrak, With Some Distaste

March 9, 2015

The Supreme Court on Monday unanimously handed Amtrak an interim victory in a lawsuit challenging the power it wields over competitors. The ruling was a setback for a trade group [the AAR] that had challenged a 2008 federal law [PRIIA] giving Amtrak, which carries passengers, a role in setting standards for freight railroad companies…

Justice Anthony M. Kennedy, in a majority opinion joined by seven other justices, said the appeals court had gotten the threshold question wrong by placing too much emphasis on a “statutory label” rather than examining the ways in which Amtrak acts like the government in practice. For purposes of the standards at issue in the 2008 law, he concluded, “Amtrak is a governmental entity.”

But that is not the end of the matter, Justice Kennedy said…

Read the rest of the story in the New York Times, 9 March 2015.

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