Supreme Court

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...

The Supreme Court of the United States (SCOTUS) on Monday granted a stay that will prevent the U.S. Court of Appeals for the Fifth Circuit from issuing a mandate stemming from a recent Fifth Circuit opinion that the Horseracing and Safety Integrity Act (HISA)'s enforcement mechanism is unconstitutional. The stay is to be in effect pending a decision by the Supreme Court as to whether it will take up the larger issue of whether those enforcement provisions are unconstitutional under the private nondelegation doctrine, which is a basic principle of...

A contentious, years-long legal battle over the Horseracing Integrity and Safety Act (HISA) appears headed for a showdown in the highest court in the land. At the opposite ends of any future court ruling is one that could essentially impact just the future of horse racing, or one that could take a wrecking ball to various core pillars of modern life. Industry players' stance on HISA can probably be boiled down into three main camps: those who are in ideological lock-step with the new federal body of governance; those who...

A legal filing made Tuesday by horsemen who lost a decision last month in a federal appeals court means there are now three separate cases involving the constitutionality of the Horseracing Integrity and Safety Act (HISA) vying for the attention of the Supreme Court of the United States. A group of plaintiffs led by Bill Walmsley, the president of the Arkansas Horsemen's Benevolent and Protective Association (HBPA), and Jon Moss, the executive director of the Iowa HBPA, on Oct. 15 filed a writ of certiorari asking the Supreme Court to...

The National Horsemen's Benevolent and Protective Association (NHBPA) on Monday urged the United States Supreme Court not to grant the stay of an unconstitutionality mandate that the U.S. Court of Appeals for the Fifth Circuit is waiting to issue regarding the Horseracing Integrity and Safety Act (HISA). That mandate, stemming from a July 5 unconstitutionality opinion on HISA by the Fifth Circuit, was administratively stayed by the Supreme Court on Sept. 23. The HISA Authority had requested a stay on Sept. 19 pending the filing and disposition of its broader...

The Supreme Court of the United States Monday officially intervened in the 3 1/2-year legal odyssey in which the National Horsemen's Benevolent and Protective Association (NHBPA) and 12 of its affiliates are trying to wipe out the Horseracing and Safety Integrity Act (HISA) as an allegedly unconstitutional law. That intervention took the form of a Sept. 23 Supreme Court order signed by Justice Samuel Alito, Jr. directing the U.S. Court of Appeals for the Fifth Circuit not to issue its pending mandate stemming from a recent Fifth Circuit opinion that...

The United States Court of Appeals for the Fifth Circuit required fewer than 24 hours to shoot down a request made Monday by the Horseracing Integrity and Safety Authority (HISA) to delay the issuance of that court's mandate that the Horseracing and Safety Integrity Act is unconstitutional. The Authority had asked the appeals court to hold off on making the mandate official while the Authority petitioned the U.S. Supreme Court to step in and decide the current HISA constitutionality conflict that exists because of clashing opinions out of two separate...

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...

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...

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...

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,...

The conservative bent of two of the three judges on the U.S. Court of Appeals for the Sixth Circuit scheduled to hear another case about the constitutionality of the Horseracing Integrity and Safety Act (HISA) "does not bode well" for the near-term future of the act, said appellate law expert Lucinda Finley. Oral arguments are set for Dec. 7 in the Sixth Circuit Court of Appeals for an appeal of an earlier ruling in U.S. District Court for the Eastern District of Kentucky. That district court found that HISA was indeed constitutional,...