constitutionality

Last week, the U.S. Court of Appeals for the Fifth Circuit issued an opinion that reiterated a conclusion they had reached two years prior--that even though the Horseracing Integrity and Safety Act (HISA)'s rulemaking structure is constitutional, its enforcement provisions are not. It was nearly this time last year the United States Supreme Court punted the question of HISA's constitutionality back down the legal ladder, telling the Fifth, Sixth and Eighth Circuits of the U.S. Courts of Appeal to consider in their various HISA decisions a then-recent Supreme Court ruling...

Nearly one year after being tasked by the Supreme Court of the United States to re-examine a 2024 ruling that the Horseracing and Safety Integrity Act (HISA) is partially unconstitutional, the U.S. Court of Appeals for the Fifth Circuit on Thursday issued a new opinion that essentially came to the same conclusion that the three-judge panel had reached two years ago: Even though HISA's rulemaking structure is constitutional, its enforcement provisions are not. The case dates to a 2021 lawsuit spearheaded by the National Horsemen's Benevolent and Protective Association (NHBPA)...

In the first oral argument since the United States Supreme Court remanded three lawsuits related to the constitutionality of the Horseracing and Safety Integrity Act (HISA) back to their originating appeals courts five months ago, a panel of three judges on the Sixth Circuit of the U.S. Court of Appeals in Cincinnati on Wednesday heard from lawyers on both sides in a case that alleges the HISA Act gives a "private corporation broad regulatory authority." This same Sixth Circuit panel, back on Mar. 3, 2023, already upheld a lower court's...

Trainer Phil Serpe, who is fighting both in federal court and at the Federal Trade Commission (FTC) appeal level to overturn a two-year suspension imposed by the Horseracing Integrity and Welfare Unit (HIWU) over a contested clenbuterol positive in one of his trainees at Saratoga Race Course in 2024, on Thursday had the judge in his lawsuit deny a request for a preliminary injunction for the second time in five months. In explaining his decision, the judge in charge of the case, David Leibowitz of United States District Court (Southern...

The administrative law judge (ALJ) handling Phil Serpe's appeal to the Federal Trade Commission (FTC) stemming from a two-year suspension imposed by a Horseracing Integrity and Welfare Unit (HIWU) arbitrator over a contested clenbuterol positive case has upheld the sanctions imposed against the veteran trainer. However, Jay Himes, the ALJ, also wrote in his Sept. 12 decision that he would "modify the award to add a $25,000 fine against Serpe," even though the ALJ also ruled that, "I hold without merit Serpe's argument that he is entitled to a jury...

Trainer Phil Serpe, who has an appeal pending with the Federal Trade Commission (FTC) in an attempt to overturn a two-year suspension imposed in July by a Horseracing Integrity and Welfare Unit (HIWU) arbitrator over a contested clenbuterol positive case from last summer at Saratoga Race Course, is also seeking to renew his request for a preliminary injunction in a 10-month-old lawsuit against the Horseracing Integrity and Safety Authority (HISA) and the FTC. A key issue in Serpe's federal court filing is the fact that HIWU and HISA did not...

Yet New Mexico Commission Asserts Neither Drug Allowed at State Level, Either by T.D. Thornton A federal lawsuit filed last month by a Sunland Park-based veterinarian against the Horseracing Integrity and Safety Authority (HISA) and Horseracing Integrity and Welfare Unit (HIWU) is alleging anti-constitutionality claims similar to a number of other cases that have been swirling at various levels of the federal court system for the past four years. But the civil complaint initiated July 3 in United States District Court (District of New Mexico) by Jason Scott, DVM, does...

The United States Supreme Court punted on Monday the constitutionality of the Horseracing and Safety Integrity Act (HISA) back down the legal ladder, requiring three different federal appeals courts to reconsider their earlier decisions on the matter in light of a fresh ruling by the highest court in the land. The Supreme Court's Friday decision in Federal Communications Commission (FCC) vs. Consumers' Research saw a 6-3 majority of justices essentially dismiss an argument that the agency delegated too much authority to a private company to administer the program. With this...

The United States Supreme Court is now unlikely to decide before the end of 2024 which, if any, of the three separate cases involving the constitutionality of the Horseracing and Safety Integrity Act (HISA) the nation's highest court might consider hearing. According to schedule changes posted online Dec. 4 on the Supreme Court dockets for cases originating out of the Fifth, Sixth and Eighth Circuits of the U.S. Court of Appeals, all three of those HISA-related "writ of certiorari" requests are now going to be considered by the justices on...

With three separate requests involving three different federal appeals court cases pending before the Supreme Court of the United States to take up the question of whether or not the Horseracing and Safety Integrity Act (HISA) is constitutional, the Horseracing Integrity and Safety Authority on Wednesday told the nation's highest court that the one involving a lawsuit spearheaded by the National Horsemen's Benevolent and Protective Association (NHBPA) is the one that should take precedence. In two separate legal filings Nov. 6, the Authority made its case for the Supreme Court...

A legal filing made Tuesday by horsemen who lost a decision last month in a federal appeals court means there are now three separate cases involving the constitutionality of the Horseracing Integrity and Safety Act (HISA) vying for the attention of the Supreme Court of the United States. A group of plaintiffs led by Bill Walmsley, the president of the Arkansas Horsemen's Benevolent and Protective Association (HBPA), and Jon Moss, the executive director of the Iowa HBPA, on Oct. 15 filed a writ of certiorari asking the Supreme Court to...

The Horseracing and Safety Integrity Authority (HISA) made it clear on Monday that by Oct. 16, it intends to ask the United States Supreme Court to step in and decide the current HISA constitutionality conflict that exists because of clashing opinions out of two separate federal appeals courts. The move potentially sets up a final say, perhaps as early as 2025, on a legal showdown that has split factions of the Thoroughbred industry since HISA's initial passage in 2020. One week after the U.S. Court of Appeals for the Fifth...