Fifth Circuit Court

A lawsuit spearheaded by the states of Louisiana and West Virginia that is trying to derail the Horseracing Integrity and Safety Act (HISA) via alleged constitutional violations was dealt a setback Wednesday when a federal judge recommended that an amended version of the complaint be stricken from the record. That recommendation, if it gets put into place by a final order, would bar 14 individual Horsemen's Benevolent and Protective Association (HBPA) affiliates, plus a wide swath of states, racing commissions, and individual racetracks from becoming parties to the 14-month-old lawsuit....

In Thursday's Wall Street Journal, the editorial board weighed in on the Horse Racing Safety and Integrity Act, with the traditionally conservative newspaper praising the current Supreme Court's "vital work policing the Constitution's separation of powers." "It soon may get another chance in a case over whether a private horse-racing authority can deploy regulatory powers usually reserved for the federal government," they write. "HISA was shepherded by Kentucky Sen. Mitch McConnell, and anyone who follows the racing industry knows the Minority Leader's interest in creating national standards for safety and...

The recently amended federal lawsuit spearheaded by the state of Louisiana against the Horseracing Integrity and Safety Act (HISA) Authority and the Federal Trade Commission (FTC) is facing a new challenge from the HISA Authority defendants, who filed a Mar. 6 motion to strike the latest version of the complaint based on allegations that the plaintiffs are "improperly" attempting to use federal rules of civil procedure to turn the case to their advantage. The chief beef in the HISA Authority's Mar. 6 "motion to strike" filed in U.S. District Court...

The Congressional amendment to the Horseracing Integrity and Safety Act (HISA) at the end of last year--affording the Federal Trade Commission (FTC) more rule-making governance--has not yielded a pause on the legal maneuverings surrounding the law. Already this year, the Fifth Circuit Court of Appeals denied a motion by the HISA Authority for that court to vacate its recent opinion that HISA is unconstitutional, and instead sent two different cases back down to the district court level. In response, the Texas Racing Commission--which has so far barred the federal law...

The Association of Racing Commissioners International (ARCI) has formally asked the Federal Trade Commission (FTC) to set aside and temporarily not approve proposed anti-doping and medication control rules proposed by the Horseracing Integrity and Safety Authority (HISA) until the constitutionality of the HISA Act is determined by the Courts. "This has nothing to do with wanting uniform rules or having a central rule-making authority, two things the ARCI supports," said Ed Martin, ARCI President. "This all has to do with avoiding a situation where an enforcement action is overturned because...

As the Fifth Circuit United States Court of Appeals weighs a motion by the Horseracing Integrity and Safety Act (HISA) Authority to vacate its recent opinion that HISA is unconstitutional, a plaintiff team led by the National Horsemen's Benevolent and Protective Association (NHBPA) on Friday urged the court not to do that, arguing that a new federal law passed two weeks ago to amend the operative language of HISA "does not fix" three alleged constitutionality issues. "This Court's opinion identified three distinct problems with HISA: 'An agency does not have...

With just over a month before the racetrack safety component of the Horseracing Integrity and Safety Act (HISA) is set to go into effect, two separate lawsuits cast looming shadows over the program's legal and operational future. One of the suits challenging HISA's constitutionality was filed by the National Horsemen's Benevolent and Protective Association (NHBPA). In March, United States District Court Judge James Wesley Hendrix dismissed the suit finding that while HISA pushes boundaries of public-private collaboration, the law as constructed stays within the current constitutional limitation. The NHBPA subsequently...