This week, 296 days after the race was run, the Kentucky Horse Racing Commission ruled on the case of the 2021 GI Kentucky Derby, officially disqualifying winner Medina Spirit (Protonico) and elevating Mandaloun (Into Mischief) into first place. Additionally, the KHRC suspended trainer Bob Baffert for 90 days and Baffert's legal team quickly promised appeals to an administrative law judge. Bob Heleringer, a lawyer, law professor and the author of “Equine Regulatory Law”, joined the TDN Writers' Room presented by Keeneland Tuesday as the Green Group Guest of the Week to discuss the merits of the KHRC's decision, whether Baffert horses will ultimately be able to run in this year's Derby and more.
Asked if Baffert has any argument for an appeal despite the drug overage being confirmed and against the rules, Heleringer said, “The regulatory side of this is different from the judicial side of it. The regulatory side tries to have [rules] in the starkest colors with no room for prevarication or obfuscation. They don't want these cases bogging down and getting away from the absolute part of the rule. So it's only when it moves to the judicial forum that there's a possible chance of some kind of prevarication as to why the rules should not strictly apply. And they'll base that on due process grounds, whether or not you're violating [Baffert's] rights if you take it to the absolute level that the regulatory people have. That's an argument that both of these Circuit Court judges in Frankfort will at least listen to.”
Baffert also has an interest in overturning the KHRC's suspension so that he can potentially run horses in the Derby, but he also would have to win an appeal against Churchill Downs Inc.'s two-year suspension of him, and he hasn't officially filed anything yet in that case. Heleringer was asked what Baffert's chances of racing in the Derby are.
“Right now, his chances are zero,” he said. “I'm kind of perplexed, like some other people, that he hasn't filed such a challenge yet. Maybe that's forthcoming, but it hasn't happened yet and time is dwindling. It looks like most of his owners have stayed with him, but these horses are winning significant races and not racking up any [Derby qualifying] points. Churchill Downs is resolute. So at some point, he's going to have to seek judicial intervention of some kind. It's going to get very interesting.”
Elsewhere on the show, which is also sponsored by Coolmore, West Point Thoroughbreds, XBTV, the Pennsylvania Horse Breeders Association and Legacy Bloodstock, the writers reacted to The Jockey Club backing off of its 140-mare cap, appreciated a few performances from Saturday's Fair Grounds card and discussed the implementation of Category 1 interference rules in America. Click here to watch the podcast; click here for the audio-only version or find it on Apple Podcasts or Spotify.
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