Fifth Circuit Court of Appeals

With three separate requests involving three different federal appeals court cases pending before the Supreme Court of the United States to take up the question of whether or not the Horseracing and Safety Integrity Act (HISA) is constitutional, the Horseracing Integrity and Safety Authority on Wednesday told the nation's highest court that the one involving a lawsuit spearheaded by the National Horsemen's Benevolent and Protective Association (NHBPA) is the one that should take precedence. In two separate legal filings Nov. 6, the Authority made its case for the Supreme Court...

A Monday order out of the United States Court of Appeals for the Fifth Circuit shot down a request for a rarely granted "en banc" procedure that the Horseracing and Safety Integrity Act (HISA) Authority and the Federal Trade Commission (FTC) had asked for last month. Had the long-shot legal maneuver been successful, it would have granted a rehearing before all of that court's judges to review a July 5, 2024, opinion issued by a panel of three that had declared HISA is unconstitutional because its enforcement provisions violate the...

Forty-five days after the United States Court of Appeals for the Fifth Circuit declared that the Horseracing and Safety Integrity Act (HISA) is unconstitutional because its enforcement provisions violate the private non-delegation doctrine, both the HISA Authority and the Federal Trade Commission (FTC) petitioned for a rarely granted "en banc" procedure that asks for a rehearing before all 17 of that court's judges instead of just the panel of three that issued the July 5 opinion. The HISA Authority's Aug. 19 filing asked for the rehearing based on three main...

A 2 1/2-year-old legal fight led by the National Horsemen's Benevolent and Protective Association (NHBPA) to try and overturn the Horseracing Integrity and Safety Act (HISA) based on alleged constitutional flaws got distilled into one hour of oral arguments on Wednesday in the case's second go-round before the United States Court of Appeals for the Fifth Circuit in New Orleans. As expected, lawyers for the two sides stuck to the finer points of constitutionality law, and there were only several passing references related to horse racing. The arguments centered on...

With oral arguments in the United States Court of Appeals for the Fifth Circuit looming in less than two months, the Horseracing Integrity and Safety Act (HISA) Authority defendants in a two-year-old lawsuit spearheaded by the National Horsemen's Benevolent and Protective Association (NHBPA) asserted in a legal brief Friday that the panel of judges should "dismiss this appeal or affirm the judgment" from a lower court that ruled the 2022 rewrite of the HISA law was constitutionally compliant. "Congress, the Executive, and all three federal courts that have considered the...

On the back of Tuesday's decision in the Fifth Circuit Court of Appeals denying a motion by the Horseracing Integrity and Safety Act (HISA) Authority for that court to vacate its recent opinion that the law is unconstitutional, the Texas Racing Commission (TXRC) has reopened the door for Texas tracks to beam their signals out-of-state, with Sam Houston set to begin this Friday. Last year, the TXRC argued that it was statutorily barred from joining HISA, and because the enabling federal legislation gave the HISA Authority regulatory jurisdiction over the...

by Sue Finley and T. D. Thornton This story has been updated. The Fifth Circuit United States Court of Appeals on Tuesday denied a motion by the Horseracing Integrity and Safety Act (HISA) Authority for that court to vacate its recent opinion that HISA is unconstitutional. Back on Jan. 3, the HISA Authority had asked for the Fifth Circuit's Nov. 18, 2022, anti-constitutionality order to be vacated based on a federal rewrite of the HISA law in December. Also on Tuesday, separate motions for a rehearing of the case made...

The National Horsemen's  Benevolent and Protective Association (NHBPA) and 12 of its affiliates have filed a legal challenge to a Jan. 3 "emergency" motion made by the Horseracing Integrity and Safety Act (HISA) Authority that had asked for the United States Fifth Circuit Court of Appeals to vacate its recent HISA unconstitutionality order. In essence, the horsemen's opposition to the request for emergency treatment stated that no pressing need or harm exists to speed up what would usually be a full 10 days for the NHBPA and other co-plaintiffs from...

Citing the year-end passage into law of a bill that included language giving the Federal Trade Commission (FTC) more rule-making authority in the Horseracing Integrity and Safety Act (HISA), officials from HISA and the FTC who are defendants in two lawsuits before the Fifth Circuit United States Court of Appeals filed four separate documents on Tuesday seeking to vacate two opinions related to constitutionality issues and get rehearings in both cases. In one lawsuit initiated by the National Horsemen's Benevolent and Protective Association (NHBPA) and 12 of its affiliates against...

Another eventful year for horse racing is about to come to an end, which makes this a good time to look back at the TDN stories that were the most widely read during the year. From the heroics of Flightline (Tapit) to the on-going saga of the Horse Racing Integrity and Safety Act (HISA) to the latest developments in the Jorge Navarro-Jason Servis scandal, there was no shortage of important stories. Unfortunately, there were a number of major stories that reflected poorly on the sport, but, our statistics show, those...

After a week of political uncertainty, the Senate has passed a version of the full year-end omnibus spending bill with language affording the Federal Trade Commission (FTC) more rule-making authority in the Horseracing Integrity and Safety Act (HISA), according to a source close to the process. The language is designed to address a ruling in the Fifth Circuit Court of Appeals from November, which found the law as written doesn't afford the FTC enough latitude in the rule-making process. The Senate voted in favor of the bill 68-29, but it...

Facing a United States Court of Appeals decision from the Fifth Circuit that the Horseracing Integrity and Safety Act (HISA) is unconstitutional and battling three similar lawsuits in various stages within the federal court system, the HISA Authority and the Federal Trade Commission (FTC) were informed Monday that a U.S. District Court judge in Texas won't grant those defendants a requested stay that would halt the briefing schedule in that case pending a final resolution of the Fifth Circuit order. "No Good Cause Exists to Stay This Action," wrote U.S....