Fifth Circuit

"Sometimes, government works." With those words, the United States Court of Appeals for the Sixth Circuit has upheld the constitutionality of the Horse Racing Integrity and Safety Act (HISA), setting up a potential court battle in the U.S. Supreme Court. In short, the Sixth Circuit has ruled that the language added to the bill at the end of 2022 to address concerns of unconstitutionality were sufficient to alleviate those concerns. The plaintiffs in the Sixth Circuit case were comprised of the state of Louisiana; Oklahoma and its racing commission, plus...

The United States Fifth Circuit Court of Appeals ruled Thursday that it won't treat a request made by the Horseracing Integrity and Safety Act (HISA) Authority to vacate a recent panel opinion and reinstate a stay pending appeal as an "emergency" that requires an expedited decision. The decision involves a lawsuit under appeal brought by the states of Louisiana and West Virginia, plus other "covered persons" under HISA, alleging unconstitutionality and federal rulemaking procedure violations. (Note: An earlier version of this story misidentified the plaintiff in the case. The National...