City of Palestine, Texas, et al. v. Union Pacific Railroad Company

W hether the Texas Supreme Cour t er red in retroactively applying the preemption provisions of the Interstate Commerce Commission Termination Act (ICCTA) to a final state court judgment, in conflict with precedent from this Court and federal circuits.

Whether the retroactive application of the Interstate Commerce Commission Termination Act to a final court judgment violates the separation of powers provision of Section 1 of A rticle 3 of the U.S. Constitution Specifically: Question 1: In upholding the grant of summary judgment by the Texas Twelfth Court of Appeals, did the Texas Supreme Court err in retroactively applying the preemption provisions of the ICCTA in conflict with decisions by this Court and the Eighth and Ninth Circuit precedent? Question 2: Did the retroactive application of the preemption provisions of the ICCTA to a final court judgment by the Texas Twelfth Court of Appeals and the Texas Supreme Court violate the separation of powers provision of Section 1 of Article 3 of the U.S. Constitution.