non-delegation doctrine

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)...

The three lawsuits that have been simmering in the federal court system for several years and were all vying for the attention of the United States Supreme Court to decide the constitutionality of the Horseracing and Safety Integrity Act (HISA) are all headed back to their originating appeals courts, likely adding several more years to an already drawn-out adjudication process. The Supreme Court on Monday morning issued nearly identical "summary dispositions" for all three of the active petitions before the court involving the constitutionality of HISA. Each of the separate...