United States Court of Appeals

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...

The North American Association of Racetrack Veterinarians (NAARV) is arguing for the United States Court of Appeals for the Fifth Circuit to overturn the Horseracing Integrity and Safety Act (HISA) on constitutional grounds because the law allegedly "places the racetrack veterinarians at a greater risk than other covered persons" from a due process standpoint. Chief among the assertions made by the NAARV in a 51-page "friend of the court" brief filed July 14 are that "initial findings of wrongdoing by a member of NAARV, pursuant to HISA, result in a...

Parties on both sides of a Sixth Circuit United States Court of Appeals case that seeks to reverse a lower court's decision to dismiss a constitutional challenge of the Horseracing Integrity and Safety Act (HISA) argued via written briefs Thursday as to whether or not a pro-HISA law passed at the tail end of 2022 renders as "moot" any constitutionality claims in the under-appeal lawsuit. The Jan. 12 briefs were filed in accordance with a Dec. 30 request from the Sixth Circuit to explain how the Dec. 29 signage of...

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 United States Court of Appeals for the Fifth Circuit, which on Friday issued the landmark order declaring that the Horseracing Integrity and Safety Act (HISA) is unconstitutional, has made a second HISA-related ruling in a separate case. This order, which was also filed Nov. 18 but got overshadowed by the broader ramifications of the non-constitutionally ruling, lifts an "administrative stay" that had been issued back in August in a case in which Louisiana, West Virginia, the Jockeys' Guild, and other parties sued the HISA Authority, the Federal Trade Commission...

The United States Court of Appeals for the Fifth Circuit will now hear oral arguments Aug. 30--slightly earlier than expected--in the injunction appeal brought by the Horseracing Integrity and Safety Act Authority (HISA) and the Federal Trade Commission (FTC). Both entities are defendants in an underlying lawsuit that alleges unconstitutionality and federal rulemaking procedure violations regarding HISA's initial framework of regulations that went into effect July 1. The Appeals Court docket previously indicated a September oral argument date was being planned. At issue in the appeal is whether a lower...