Sixth Circuit Court

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...

In Thursday's Wall Street Journal, the editorial board weighed in on the Horse Racing Safety and Integrity Act, with the traditionally conservative newspaper praising the current Supreme Court's "vital work policing the Constitution's separation of powers." "It soon may get another chance in a case over whether a private horse-racing authority can deploy regulatory powers usually reserved for the federal government," they write. "HISA was shepherded by Kentucky Sen. Mitch McConnell, and anyone who follows the racing industry knows the Minority Leader's interest in creating national standards for safety and...