Eighth Circuit Court of Appeals ruling backs HISA
Saturday, September 21, 2024 from the USTA Communications Department
Columbus, OH – According to Blood-Horse, “The United States Eighth Circuit Court of Appeals ruled that legal challenges to the Horseracing Integrity and Safety Act (HISA) have little likelihood of success.
“The court’s opinion, handed down Sept. 20, upheld a lower court order denying a preliminary injunction motion filed by the Iowa Horsemen’s Benevolent and Protective Association, Bill Walmsley, and Jon Moss. In that motion, they sought to shut down HISA operations in their jurisdiction.
“Walmsley has not established a fair chance of success on the merits, so the district court did not abuse its discretion in denying the motion for a preliminary injunction. The order of the district court is affirmed,” wrote Chief Judge Steven M. Colloton, who was wholly joined in the majority opinion by Judge Michael J. Melloy.
In his dissent, Judge Raymond Gruender wrote: “In a case such as this, where Congress has avoided the limitations of the Appointments clause by vesting in a private entity the wholesale power to regulate doping, medication, and safety issues in the horseracing industry nationwide, it is imperative that the private delegation doctrine carry force to prevent broad delegation of governmental powers to unsupervised private parties. The court’s opinion fails to reckon with the plain language of HISA, which grants to the Authority a broad enforcement power that is not subordinate to the FTC. Like the Fifth Circuit, I conclude the HISA’s enforcement provisions facially violate the private non-delegation doctrine. I respectfully dissent from Part III of the court’s opinion.”
A circuit court split regarding HISA’s constitutionality remains. In July, the Fifth Circuit Court of Appeals ruled the Act unconstitutional. Earlier this year, a three-judge panel from the Sixth Circuit ruled that HISA is constitutional. It appears increasingly likely that the Supreme Court will take up the matter.
To read the complete story on Blood-Horse, click here.