For those of you who are interested here is the brief filed in the DOT vs AAR case concerning preferencial treatment of Amtrak service over freight. Seems like DOT has lost at the appelate level and has gained a Supreme Court hearing.
Supreme Court Brief
Interesting reading, seems like this will be a topic for a while as if DOT prevails AAR members will have to act more like the old SP and make an effort to have trains perform to a 80% ontime or better over any two consecutive quarters. This also seems to take matters out of the States hands when long distance travel is concerned, and place matters into the States hands when state supported services are concerned.