US Fifth Circuit Court of Appeals

For Second Time in Two Years, Fifth Circuit Rules HISA Enforcement Provisions Are Unconstitutional

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)...

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