Private power to make rules
Department of Transportation v. Association of American Railroads
In brief
The Court treated Amtrak as a government entity for this issue and sent the case back, leaving the constitutional challenge unresolved.
- Where it stands
- Decided
Decided 9-0 · March 9, 2015 · Opinion by Justice Kennedy
- What it’s about
- The Association of American Railroads challenged performance standards that Amtrak and the Federal Railroad Administration jointly developed, arguing that Congress gave lawmaking power to a private entity.
- Who it affects
- Amtrak must be treated as a government entity when the standards’ validity is assessed, but the Court did not resolve the railroads’ constitutional challenge.
Summary: written with AI from the case record.

What it's about
The Court decided that Amtrak is a government entity when assessing the standards’ validity, wiped out the appeals court’s ruling (vacated it), and sent the case back for further consideration (remanded), leaving the constitutional challenge unresolved.
Amtrak and the Federal Railroad Administration jointly developed the performance standards that the Association of American Railroads challenged.
The dispute centers on whether Amtrak can be treated as private when it helps a federal agency develop standards.
Question presented
Are the metrics and standards invalid because Congress gave a private entity, Amtrak, the authority to create them?
What the Court decided
Holding
For purposes of determining the validity of the metrics and standards, Amtrak is a governmental entity. 721 F. 3d 666, vacated and remanded.
- Result
- Vacated
The vote
- Joined the judgment
- Concurred in a separate opinion
- Wrote an opinion
- Majority · 8joined the Court's opinion
- Concurring · 1agreed with the result, wrote separately
- Thomaswrote separately
What's next
The appeals court will reconsider the Association’s constitutional challenge in light of the Supreme Court’s ruling about Amtrak’s status.
Documents
Opinions
Docket activity
New analysis added
AI analysis generated: Case Briefing
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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AI analysis generated: Decision Record
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Opinion added: Opinion
More questions
- Did the Court decide whether the standards were unconstitutional?
- No. It decided that Amtrak is a government entity for assessing the standards and sent the remaining constitutional challenge back for further review.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.