Federal law gives Amtrak the power to establish rules for use of tracks owned by freight railroads. D.C. Circuit(2016): Due process is violated when Amtrak—a for-profit outfit—sets regulations that affect its own bottom line. D.C. Circuit (2018, with puns): But no need to actually invalidate the law. We can remedy the violation with a minor tweak. Dissent: That leaves Amtrak’s ability to impose self-serving regulations intact; the entire law should go. (We discussed the 2016 decision on the podcast.)
