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The decision came out this morning.

SCOTUS vacated the decision of Court of Appeals for the District of Columbia Circuit that Amtrak is not a governmental entity – SCOTUS determined Amtrak is a governmental entity – and the case was remanded for purposes of determining the validity of the metrics and standards. SCOTUS found “[A]lthough Amtrak’s actions here were governmental, substantial questions respecting the lawfulness of the metrics and standards—including questions implicating the Constitution’s structural separation of powers and the Appointments Clause, U. S. Const., Art. II, §2, cl. 2—may still remain in the case. As those matters have not yet been passed upon by the Court of Appeals, this case is remanded.”

Here is a link to today’s opinion.