constitutionality

Oral Arguments In Sixth Circuit HISA Case Heard Wednesday

CINCINNATI, OHIO -- The latest challenge to the Horseracing Integrity and Safety Act (HISA) was the first case before the three judges selected to weigh in on the law's constitutionality Wednesday in the United States Court of Appeals for the Sixth Circuit, in Cincinnati. The plaintiffs comprise the state of Louisiana; Oklahoma and its racing commission, plus West Virginia and its racing commission. Three Oklahoma tracks-Remington Park, Will Rogers Downs, and Fair Meadows-are also plaintiffs, as are the Oklahoma Quarter Horse Association, the U.S. Trotting Association, and Hanover Shoe Farms,...

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In Advance of HISA Appeals, Court Date, Two Sides Hone Arguments

In advance of oral arguments scheduled Aug. 30 in the United States Court of Appeals for the Fifth Circuit, the two sides involved in the injunction appeal brought by the Horseracing Integrity and Safety Act Authority (HISA) have filed legal briefs that they hope will sway the court to their side of the case. Both HISA and the Federal Trade Commission (FTC) are defendants in an underlying lawsuit led by the states of Louisiana and West Virginia, plus the Jockeys' Guild, that alleges unconstitutionality and federal rulemaking procedure violations regarding...

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Taking Stock: Constitutionality Matters

Last Friday, on the same day that Bob Baffert's New York Racing Association (NYRA) suspension hearing was ending in New York, the Texas attorney general filed a motion in a Texas federal court to join the National Horsemen's Benevolent and Protective Association (National HBPA), et al., in arguing that the Horseracing Integrity and Safety Act (HISA), enacted late last year, was unconstitutional. Baffert had challenged his suspension, which was summarily instituted by NYRA without a hearing May 17 after the Baffert-trained Medina Spirit (Protonico) had tested positive for betamethasone in...

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