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Yeah. They gave railroads the initial land — in 1872. There’s been a lot that’s happened since then, like the bankruptcy and near-complete collapse of functional passenger rail transportation in most areas in the 1970s-1980s, as it faced stunning new competition from cars and planes.

But the argument of “is this justified given the history?!” should take a back seat; certainly Congress is able to force the industry’s hand whether or not it’s justified. The first question should be whether it’s a good idea in the first place, since rail is doing useful things for the US economy, which would ultimately shoulder more costs for it than the railroads themselves as a business.

Damaging the supply chain and raising prices across the economy while putting more trucks on the taxpayer-funded roads emitting more carbon dioxide is a steep price. Incremental improvements to the reliability of seldom-used cross-country routes through the sparsely inhabited West at speeds of about 60mph aren’t worth that price.




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