United States Supreme Court

In this case, in 2008 Congress gave the National Railroad Passenger Corporation (Amtrak) and the Federal Railroad Administration (FRA) joint authority to issue "metrics and standards" addressing the performance and scheduling of passenger railroad services pursuant to the Passenger Rail Investment and Improvement Act section 207(a), including Amtrak's on-time performance and train delays caused by host railroads. Respondent Association of American Railroads sued petitioners, claiming that the metrics and standards must be invalidated because it is unconstitutional for Congress to allow and direct a private entity like Amtrak to exercise joint authority in their issuance on separation of powers grounds. The district court rejected respondent's claims, but the circuit court reversed as to the separation of powers claim, reasoning that Amtrak is a private corporation and thus cannot constitutionally be granted regulatory power under section 207. The judgment of the circuit court is vacated and the case is remanded, where, for the purposes of determining the validity of the metrics and standards, Amtrak is a governmental entity, as given that Amtrak was created by the government, is controlled by the government, and operates for the government's benefit, it is not an autonomous private enterprise.

Appellate Information

• Decided 03/09/2015
• Published 03/09/2015

Judges

• Kennedy

Court

• United States Supreme Court

Counsel