Lucinda Finley

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...

Horse racing's federal governing body has been in the crosshairs of a couple recent U.S. Supreme Court actions, both directly and indirectly. In one major ruling, the conservative-leaning Supreme Court struck down a legal precedent called the Chevron doctrine, which since 1984 had given federal agencies the legal latitude to determine how best to interpret and implement Congressionally-passed legislation. The Chevron doctrine has been used by the U.S. government to defend a whole host of federal laws over the decades, including environmental regulations, consumer and workplace protections, and those governing...

Edited Press Release The link for an equine-related Committee on Animals and the Law of the New York State Bar Association [has gone] live. It's a webinar on the Horseracing Integrity and Safety Act (HISA): Its Impact on Equine Welfare, NYS Racing and Regulation, and Federal Administrative and Constitutional Law. The webinar will be held Thursday, April 18 from 12:00 p.m. to 3:00 p.m. EDT. Attorneys who attend are eligible for up to three NYS MCLE credit hours. These credit hours are valid in almost every U.S. jurisdiction. Non-attorneys are...

Earlier this month, the United States Court of Appeals for the Fifth Circuit in New Orleans heard oral arguments in a pivotal case—led by the National Horsemen's Benevolent and Protective Association (NHBPA)—seeking to overturn the Horseracing Integrity and Safety Act (HISA) on grounds that it is constitutionally flawed. In short, the Fifth Circuit's pending ruling could have profound implications for the short and long-term future of the federal law. Oral arguments in the Fifth Circuit follow a key decision earlier this year out of the United States Court of Appeals...

After a series of false starts, the Horseracing Integrity and Safety Act's (HISA) signature anti-doping and medication control (ADMC) program is now set to go into effect on May 22. Continuing to play out against this latest development are a handful of lawsuits seeking to derail the law—a complex legal landscape evolving at seemingly vertigo-inducing speed. In a ruling delivered last week, judge James Hendrix of the Lubbock Division of the Northern District of Texas found the version of the act amended by Congress at the end of last year...

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...

With Congress passing a short-term bill to fund the government for a matter of days, efforts to include in the full-year omnibus spending bill a legislative fix to the constitutional problems dogging the Horseracing Integrity and Safety Act (HISA) is coming down to the crunch, Friday of next week the deadline to pass such a bill before the make-up of Congress changes shape next year. So, where does this all leave HISA? The answer resembles a puzzle box shaken onto the floor, with HISA offering limited direction as to how...

The latest tumultuous turn in the unfolding saga of the Horseracing Integrity and Safety Act (HISA) was delivered in the United States Court of Appeals for the Fifth Circuit Friday, when the court ruled the law unconstitutional because it cedes too much governmental authority to a private entity, and too little rule-making input to the Federal Trade Commission (FTC), which is charged with ultimately signing off on the law's rules. In the immediate aftermath of the decision, three legal experts weighed in for the TDN on the legal avenues open...

Foaled in 2009, King's Vision (Gulch--Weekend Storm by Storm Bird) began his career at Aqueduct, racing under IEAH's colors for trainer Rick Dutrow. At Finger Lakes, at age five, he finally broke his maiden. Overall, in 16 starts, King's Vision earned $20,908. King's Vision was born and raised at Lane's End Farm and is a full brother to Breeders' Cup Turf Mile winner Court Vision, who won over $3 million on the track. His dam is a full-sister to Preakness winner Summer Squall, and a half-sister to champion A.P. Indy....