SCOTUS Archives - SMART Union

Americans of every background, color and gender believe in the sacred promise of equal justice under the law. For generations, Black women have been locked out of the opportunity to serve on the Supreme Court. With the nomination and confirmation of Judge Ketanji Brown Jackson, we are taking a step towards making our justice system one that respects and reflects the very best of every kind of American.

Judge Jackson has served in prestigious judicial positions with distinction as a champion for everyday Americans, carefully applying the law for working people across race, place and origin. Her confirmation on the Supreme Court is especially meaningful in a time when a wealthy and powerful few have attempted to trample our rights or deny our freedoms. This is done deliberately by pitting working Americans against each other on the basis of our race, gender and ethnic identity.

No matter our color, background or party, Americans believe that Justices on the Supreme Court have a duty to serve our country faithfully and uphold the sacred promise of equal justice under the law. Judge Jackson has shown her propensity to uphold these American values time and time again. Her diverse background as a graduate of a public high school and a former public defender gives her a unique perspective on the life of everyday Americans that few of the current justices have. While we celebrate her confirmation, we know that more work needs to be done to open up similar opportunities for others.

The following release was issued by the Environmental Law & Policy Center:

WASHINGTON – The U.S. Supreme Court’s March 9 decision affirming Amtrak’s power to create on-time performance standards could get slumping Midwest arrival times back on track.

“This is a good Supreme Court decision that should help rail passengers across the country,” said Howard Learner, Executive Director of the Environmental Law & Policy Center, which filed an amicus curiae brief in the case. “For every passenger who has been delayed for hours in Northwest Indiana or outside of Cleveland while oil tanker cars slog by, today’s court decision can be an important step forward.”

The Association of American Railroads challenged a federal law that allows Amtrak to help set on-time performance standards for railroads, arguing that Amtrak is a private company rather than a government entity. The Supreme Court, agreeing with the Department of Justice and ELPC, held that Amtrak is more like a government entity.

The DC Court of Appeals had struck down a provision of the 2008 rail reauthorization bill that instructed the Federal Railroad Administration and Amtrak – consulting with the Surface Transportation Board, freight railroads, states, rail labor, and rail passenger organizations – to develop metrics and minimum standards for measuring Amtrak passenger train performance and service quality.

“Today’s U.S. Supreme Court ruling settles that legal question,” Learner said. “Amtrak is a government entity. Given this ruling, the existing on-time performance standards should be enforced and passenger rail should again be given priority.”

In an amicus curiae brief filed by ELPC, on behalf of itself and the National Association of Railroad Passengers, All Aboard Ohio and Virginians for High Speed Rail, ELPC found that on-time arrival rates had suffered since the appeals court ruling. In 2012, Amtrak achieved a nationwide on-time performance rate of 83 percent. Since the standards were invalidated by the Court of Appeals, on-time performance fell to an abysmal 42 percent.

While this is a major victory for Amtrak passengers across the nation, the Supreme Court’s ruling does raise the possibility of a lengthy court fight should the Association of American Railroads seek to continually litigate other issues around on-time performance.

“The highest court in the land has spoken and we hope that freight railroads will move forward as a partner to improve passenger rail service across America,” added Learner.