(Editor’s Note – The U.S. Trotting Association will issue a statement on the ruling by the U.S. Court of Appeals for the Fifth Circuit)
Columbus, OH – “In a ruling issued Thursday (June 11), The United States Court of Appeals for the Fifth Circuit has ruled that the enforcement provisions for the Horse Racing Integrity and Safety Act violate the private non-delegation doctrine in the United States Constitution,” according to Thoroughbred Daily News.”
“The court had previously ruled that HISA’s delegation of rulemaking to a private entity was unconstitutional.”
In its ruling, the Court stated, “the Authority does not `function subordinately’ to the FTC when enforcing HISA. That is not permitted under the private nondelegation doctrine.”
The Court cited constitutional restrictions on a private entity that it ruled HISA violates.
“A private entity that can investigate potential violations, issue subpoenas, conduct searches, levy fines, and seek injunctions—all without the say-so of the agency—does not operate under that agency’s “authority and surveillance.’ Put another way, with respect to enforcement, HISA’s plain terms show that the Authority does not merely act `as an aid’ to the FTC because the FTC does not `retain the discretion to approve, disapprove, or modify’ the Authority’s enforcement actions.”
To read the complete story on Thoroughbred Daily News, click here.