Supreme Court Justices Pass on hearing the AAR Challenge

[nti1094]

The U.S. Supreme Court on Monday declined to hear the Association of American Railroads' constitutional challenge to a federal statute allowing Amtrak to help the Federal Railroad Administration set performance and...

https://www.google.com/amp/s/www.law360.com/amp/articles/1165190

https://www.railwayage.com/regulatory/scotus-to-aar-no-writ-of-certiorari/?RAchannel=news

 

[Old MM]

Looks like some required reading material!

 

[neroden]

Huge deal. We won.

The lower court ruling stands. And it was in favor of Amtrak being able to set on-time performance standards.

Amtrak & the FRA set standards. Then Amtrak can petition the STB to enforce them. Then the STB can enforce them.

Period end of story. Amtrak and the FRA are going to set the new standards pretty damn fast. The STB went through a round of standards-setting in the middle of this court case, which were voided for procedural reasons, and I'll make a prediction: Amtrak and FRA will pretty nearly copy those STB standards. Because when it petitions the STB to enforce them... it wants the STB to like the standards.

There's nothing more for the freight railroads to do to cause trouble until they try to appeal the STB ruling, but they don't have a leg to stand on (never did really).

 

[bretton88]

If I'm reading this right, it sounds like they're saying Amtrak can't set The rules themselves, but a neutral federal agency can? Who's the neutral federal agency?

 

[Skyline]

Great news! Hopefully everyone will be on the same page now. Even the White House?

 

[jis]

If I'm reading this right, it sounds like they're saying Amtrak can't set The rules themselves, but a neutral federal agency can? Who's the neutral federal agency?

Generally it would be the FRA with the collaboration of the STB, with the STB most likely getting the responsibility for governance of this one as was set out in the original bill passed by Congress AFAIR.

This is indeed a very good thing that has happened. Now of course, who knows what the current FRA under the control of kakistocracy of Madame Chou will or will not do.

 

[Rover]

Here's the Press Release from the RPA about this for reference:

https://narprail.org/happening-now/...clines-freight-rails-cert-petition-for-otp-1/

 

[jis]

Here's the Press Release from the RPA about this for reference:

https://narprail.org/happening-now/...clines-freight-rails-cert-petition-for-otp-1/

Note that this is nothing new. It happened in 2019. In particular it does not have much to do with the current STB hearings.

But it is a good reference to have nonetheless.

 

[George Harris]

The ability of the Federal Government to regulate interstate commerce goes back to the beginning of the Republic. Suggest the AAR lawyers read the Constitution and various court cases and judgements going back to the late 1800's and quit wasting everyone's time and money.