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In the seemingly never-ending saga of settling once for all how Amtrak and host railroads can agree on measuring on-time performance for passenger trains, the host railroads' umbrella organization -- the American Association of Railroads -- is again pressing for the Supreme Court to hear its appeal of our victory last summer in the federal Court of Appeals for the DC Circuit.
This petition to the Court, formally known as a request for a writ of certiori, or "cert," could set the stage for another chapter in this saga this Fall if the Court grants the petition.
While it’s always dangerous to try to predict what the Supremes will do, there are a lot of factors in play that suggest they just might not grant cert this time around, meaning they might decline to hear the case.
First, this very arcane case has been passed like a ping pong ball throughout the federal judiciary and the Justices may simply be tired of it. Second, there’s little to no new Constitutional ground to be plowed.
This article first appeared on www.railpassengers.org
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