Editor’s Note: The following is a statement from Eric Hamelback, CEO of the National Horsemen’s Benevolent & Protective Association on the Fifth Circuit Court of Appeals’ denying the recent HISA motion.

“We view this as additional strong evidence as to the valid concerns we have been raising all along and this should remind everyone that constitutionality isn’t optional. We have made it very clear that the one-sentence so-called fix tucked into Congress’ must-pass year-end spending bill did not address all the legal questions created in the HISA corporation’s enabling legislation.

“With that said, it’s extremely gratifying that the Fifth Circuit Court of Appeals has denied the HISA corporation’s motion to vacate the Appellate Court’s original unanimous opinion that found the Horseracing Integrity & Safety Act unlawful.

“Citing the legal uncertainties in the wake of the Fifth Circuit’s ruling, the FTC issued an order on Dec. 12 of 2022 disapproving the Anti-Doping and Medication Control proposed rules submitted by the HISA corporation until those questions regarding constitutional challenges are resolved. Therefore, it was the height of arrogance for the HISA corporation to recently resubmit such rules on the pretext that the so-called fix actually was one. As we see it now more than ever, the Fifth Circuit Court made it clear significant constitutional questions remain with HISA.

“To be clear, absolutely nothing has changed in the Fifth Circuit Court of Appeals since the FTC originally rejected these rules, and the FTC must wait on the outcome of ongoing litigation to be resolved. Along with a bipartisan group of U.S. Senators and Congressmen, we believe the FTC must reject these again based on the unconstitutional uncertainty.”