Columbus, OH – After a review of the case referred by the U.S. Supreme Court, the U.S. Sixth Circuit Court of Appeals ruled on Wednesday (Dec. 17) that the Horseracing Integrity and Safety Act is constitutional.
According to a story in BloodHorse, “The decision was rendered Dec. 17 in a lawsuit challenging HISA brought by the State of Oklahoma and others that originated in a Kentucky federal district court. It marks the second time the constitutionality of HISA’s rulemaking and enforcement powers was upheld by the Sixth Circuit.”
There are two other pending cases challenging the constitutionality of HISA before the Fifth and Eighth Circuit Courts of Appeal.
According to the author, Dick Downey, “The Eighth Circuit Court of Appeals, in a case that began in Arkansas, found HISA’s rulemaking and enforcement powers constitutional.
“The Fifth Circuit Court of Appeals, ruling on a case that arose in Texas, initially found the entire statutory scheme facially unconstitutional.
“After a congressional amendment designed to ‘fix’ the issue by delineating the Federal Trade Commission’s superior role over HISA, the Fifth Circuit upheld HISA’s rulemaking authority but, in the words of the Sixth Circuit opinion, ‘facially invalidated the law on the ground that the Act afforded the Horseracing Authority to enforce federal law ‘without the FTC’s say-so.'”
According to Downey, “briefing schedules in the Fifth and Eighth Circuits slowed during a government shutdown. As a result, oral arguments have not been scheduled in those courts.
“The U.S. Supreme Court is unlikely to take further action until all three appellate courts have finalized their work.”
To read the complete story in BloodHorse click here.