I agree the the law was poorly crafted. But wasn't it better than nothing? I seriously doubt Amtrak would use its veto power to treat the Class 1s any worse than the Class 1s are treating Amtrak. More importantly, don't we all agree that we need functional LD pax rail in this country? If so, then how can the lawsuit hurt? Hurt the Class 1's feelings? Why should we care? As for the merits of the suit, I can't offer an opinion. Seems like everything said is true but whether or not the wording will work in a court of law? Not a clue.Even the brief stumbles in its presentation. The performance metrics should not be Amtrak's but should be of the FRA. That is the primary issue at hand. Amtrak may have an advisory role but certainly should not have the power to veto.Just IMHO of course.
I agree with George. This position is utterly wrong headed and won't help anything. For once I find myself in the odd position where I am hoping that the part of the court that I love to hate, does what it is expected to do. Sigh....
Just my opinion.