Buffalo Law School

On Friday, the United States Court of Appeals for the Fifth Circuit issued a decision finding that while "nearly all" legally contested aspects of the Horseracing Integrity and Safety Act (HISA) were constitutional, they determined the HISA Authority's broad enforcement powers unconstitutional. In the process, the Fifth Circuit split with the Sixth Court Circuit's Court of Appeals which recently had found the Congressionally amended version of HISA constitutional. The Supreme Court subsequently declined to hear a challenge to that decision filed by Oklahoma, Louisiana and West Virginia. "HISA's enforcement provisions...