Justices Probe Limits Of Non-Delegation Doctrine And Express Due Process Concerns

Jerrold J. Ganzfried is a Partner and Jameson B. Riceis an Associate both in our Washington D.C. office .

Yesterday, the U.S. Supreme Court heard oral argument in Dep't of Transp. v. Ass'n of Am. Railroads. At issue is whether Congress may grant Amtrak, a private entity created by Congress, the power to co-author regulations governing, and appoint an arbitrator for disputes concerning, private freight railroads, as instructed by § 207 of the Passenger Rail Investment Improvement Act without violating the non-delegation doctrine or due process clause.

During oral argument, counsel for the Department of Transportation argued that the metrics and standards developed...