Supreme 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...

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 states of Oklahoma, West Virginia and Louisiana-which for the past five years have been unable to prove their allegations that the Horseracing and Safety Integrity Act (HISA) is unconstitutional at either the United States district court, federal appeals court, or the Supreme Court levels-are now petitioning the Supreme Court for a yet another chance to make their case that the law purportedly gives a private corporation too-broad powers to regulate Thoroughbred racing. This latest petition for a "writ of certiorari" (the formal term for asking the Supreme Court to...

For the second time in 2 1/2 years, the same panel of three judges on the Sixth Circuit of the U.S. Court of Appeals in Cincinnati has affirmed the constitutionality of the Horseracing and Safety Integrity Act (HISA) in a lawsuit spearheaded by the states of Oklahoma, West Virginia and Louisiana. The case had alleged that the HISA Act gave a private corporation--the HISA Authority, which operates under the auspices of the Federal Trade Commission (FTC)--far too broad regulatory authority. The plaintiffs claimed that was a violation of the non-delegation...

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...

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...

The Supreme Court of the United States (SCOTUS) on Monday granted a stay that will prevent the U.S. Court of Appeals for the Fifth Circuit from issuing a mandate stemming from a recent Fifth Circuit opinion that the Horseracing and Safety Integrity Act (HISA)'s enforcement mechanism is unconstitutional. The stay is to be in effect pending a decision by the Supreme Court as to whether it will take up the larger issue of whether those enforcement provisions are unconstitutional under the private nondelegation doctrine, which is a basic principle of...

A contentious, years-long legal battle over the Horseracing Integrity and Safety Act (HISA) appears headed for a showdown in the highest court in the land. At the opposite ends of any future court ruling is one that could essentially impact just the future of horse racing, or one that could take a wrecking ball to various core pillars of modern life. Industry players' stance on HISA can probably be boiled down into three main camps: those who are in ideological lock-step with the new federal body of governance; those who...

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 National Horsemen's Benevolent and Protective Association (NHBPA) on Monday urged the United States Supreme Court not to grant the stay of an unconstitutionality mandate that the U.S. Court of Appeals for the Fifth Circuit is waiting to issue regarding the Horseracing Integrity and Safety Act (HISA). That mandate, stemming from a July 5 unconstitutionality opinion on HISA by the Fifth Circuit, was administratively stayed by the Supreme Court on Sept. 23. The HISA Authority had requested a stay on Sept. 19 pending the filing and disposition of its broader...

The Supreme Court of the United States Monday officially intervened in the 3 1/2-year legal odyssey in which the National Horsemen's Benevolent and Protective Association (NHBPA) and 12 of its affiliates are trying to wipe out the Horseracing and Safety Integrity Act (HISA) as an allegedly unconstitutional law. That intervention took the form of a Sept. 23 Supreme Court order signed by Justice Samuel Alito, Jr. directing the U.S. Court of Appeals for the Fifth Circuit not to issue its pending mandate stemming from a recent Fifth Circuit opinion that...

The United States Court of Appeals for the Fifth Circuit required fewer than 24 hours to shoot down a request made Monday by the Horseracing Integrity and Safety Authority (HISA) to delay the issuance of that court's mandate that the Horseracing and Safety Integrity Act is unconstitutional. The Authority had asked the appeals court to hold off on making the mandate official while the Authority petitioned the U.S. Supreme Court to step in and decide the current HISA constitutionality conflict that exists because of clashing opinions out of two separate...