Legal Opinion

Constitutionality of Repealing the Employee Protection Provisions of the Regional Rail Reorganization Act

Department of Justice Office of Legal Counsel

Decided May 13, 1981Published

1Opinion of the Court

Constitutionality of Repealing the Employee Protection Provisions of the Regional Rail Reorganization Act Congress may modify or repeal altogether the income protection program enacted by T itle V o f the Regional Rail Reorganization A ct of 1973, under which the Consoli­ dated Rail Corporation (Conrail) was given responsibility for paying employee benefits under existing collective bargaining agreements between its five component railroads and their unions. Such action would not result in any constitutionally compensable “taking” from railroad employees, o r impair any private contract…

2Cases cited30 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
  3. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
  4. Flemming v. NestorSupreme Court of the United States · 1960
  5. Regional Rail Reorganization Act CasesSupreme Court of the United States · 1974

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