Association of American Railroads v. Department of Transportation, et al.

U.S. Supreme Court

Question(s) Presented

1. Whether Section 207 of the Passenger Rail Investment and Improvement Act violates due process and the separation of powers by permitting Amtrak, a for-profit government corporation, to exercise regulatory authority over the very industry in which it participates. 

2. Whether Section 207’s grant of rulemaking power to Amtrak and the Federal Railroad Administration can be sustained by severing the statute’s arbitration provision. 

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