U.S. Supreme Court

Sixth Circuit Judge On HISA: 'It Happens All The Time That Governments Rely On Private Entities To Do Things'

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...

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Supreme Court, Citing Precedent It Just Issued Friday, Remands Three HISA-Related Cases Back To Appeals Courts

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...

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Authority Wants Judge to Dismiss Wong's Lawsuit Against HISA

Defending itself in a constitutionality lawsuit initiated by the trainer Jonathan Wong, the Horseracing Integrity and Safety Authority on Friday told a federal judge in Louisiana that the court should either toss out Wong's case entirely or hold off on letting the litigation proceed while the Supreme Court of the United States decides whether it will take on one of three active requests stemming from different cases whose parties all want the nation's highest court to weigh in on similar constitutional issues Wong raises in his lower-court lawsuit. In a...

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Both Sides in Pending Eighth Circuit HISA Case Attempt to Spin Conflicting Opinions from Two Other Appeals Courts

The July 5 opinion out of the United States Court of Appeals for the Fifth Circuit that declared that part of the Horseracing Integrity and Safety Act (HISA) is unconstitutional is generating legal filings from both sides in a related case awaiting a decision in the Eighth Circuit. Both the plaintiffs/appellants in the Eighth Circuit case (led by Bill Walmsley, the president of the Arkansas HBPA, and Jon Moss, the executive director of the Iowa HBPA) and the defendants/appellees (executives with the HISA Authority and the Federal Trade Commission [FTC]),...

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Part of HISA Ruled Unconstitutional in Fifth Circuit Decision

A judgment Friday by the United States Court of Appeals for the Fifth Circuit declared that part of the Horseracing and Safety Integrity Act (HISA) is unconstitutional. Even though the three-judge panel agreed with "nearly all" of a lower court's ruling that other contested aspects of HISA's constitutionality were fixed by a Congressional amendment to the law in 2022, the panel's one unconstitutional finding has to do with the HISA Authority's broad powers to investigate and operate. The gravity of that unconstitutionality opinion could be enough to send the case...

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Supreme Court Won't Hear HISA Constitutionality Challenge to Sixth Circuit Ruling

The United States Supreme Court will not hear a challenge to the Horse Racing Safety and Integrity Act (HISA) filed by Oklahoma, Louisiana and West Virginia after the Sixth Court Circuit's Court of Appeals found that HISA is constitutional, according to an announcement from the Supreme Court Monday. "Certiorari denied," was the only statement coming from the court regarding the ruling, which was included among a monthly list of numerous other writ approvals and denials that the Supreme Court made public in batch format June 24. A writ of certiorari...

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HISA the Focus at HBPA, Racing Commissioners Conference

Edited Press Release Louisiana Attorney General Jeff Landry and Daniel Suhr, managing attorney for the Liberty Justice Center, told an assembly of racehorse owners, trainers and racing regulators Tuesday that they expect the Horseracing Integrity & Safety Act (HISA) to wind up before the U.S. Supreme Court-- and they also believe America's highest court will strike down the legislation as unconstitutional. While the room at the Hotel Monteleone was populated with folks concerned how HISA will impact their industry, Landry and Suhr said the four legal challenges before the Fifth...

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Taking Stock: Misbranding Case Doomed By Fed Error

Expeditiously I be on my Grizzly Feds try to creep me somehow always miss me --Mr. Fantastik, from the MF DOOM song "Anti-Matter" on the King Geedorah album "Take Me To Your Leader" If you're not hip to the slang in the lyrics above, Mr. Fantastik is essentially saying that the Feds are after him while he's on his grind, but they can't quite get him. There's an implication in there that the Feds are incompetent, but that's more evident from Mr. Fantastik's delivery. Trainer Murray Rojas can probably relate...

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U.S. Supreme Court Won't Hear $150M NJTHA Case Versus Sports Leagues

The United States Supreme Court on Monday opted not to get involved in a years-long court dispute over whether the major professional and college sports leagues owe the New Jersey Thoroughbred Horsemen's Association (NJTHA) $150 million in alleged damages. The Associated Press reported that the case now goes back to a federal court in New Jersey, where a judge will consider evidence from both sides and decide how much the leagues have to pay. Some $3.4 million in potential damages had been escrowed in 2014 when the four major U.S....

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