Legal Opinion

Association of American Railroads v. United States Department of Transportation

Court of Appeals for the D.C. Circuit

Decided July 2, 2013No. 12-5204PublishedCited by 44 opinions

1Opinion of the Court

BROWN, Circuit Judge:

Imagine a scenario in which Congress has given to General Motors the power to coauthor, alongside the Department of Transportation, regulations that will govern all automobile manufacturers. And, if the two should happen to disagree on what form those regulations will take, then neither will have the ultimate say. Instead, an unspecified arbitrator will make the call. Constitutional? The Department of Transportation seems to think so. 1

Next consider a parallel statutory scheme' — -the one at issue in this case. This time, instead of General Motors, it is Amtrak…

2Cases cited35 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  3. Califano v. SandersSupreme Court of the United States · 1977
  4. United States v. LopezSupreme Court of the United States · 1995
  5. Mistretta v. United StatesSupreme Court of the United States · 1989

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3Cited by44 opinions

  1. Department of Transportation v. Association of American RailroadsSupreme Court of the United States · 2015
  2. Ali Hamza Ahmad al Bahlul v. United StatesCourt of Appeals for the D.C. Circuit · 2014
  3. PHH Corp. v. Consumer Financial Protection BureauCourt of Appeals for the D.C. Circuit · 2018
  4. Alpine Securities Corporation v. Financial Industry Regulatory Authority, Inc.Court of Appeals for the D.C. Circuit · 2024
  5. Association of American Railroads v. United States Department of TransportationCourt of Appeals for the D.C. Circuit · 2016

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