Columbus, OH – According to Thoroughbred Daily News, “A Monday (Sept. 9) order out of the United States Court of Appeals for the Fifth Circuit shot down a request for a rarely granted “en banc” procedure that the Horseracing and Safety Integrity Act (HISA) Authority and the Federal Trade Commission (FTC) had asked for last month.”
In the story by T.D. Thorton, he writes, “Had the long-shot legal maneuver been successful, it would have granted a rehearing before all of that court’s judges to review a July 5, 2024, opinion issued by a panel of three that had declared HISA is unconstitutional because its enforcement provisions violate the private nondelegation doctrine.”
The author further explains that this action, makes it likely that the case will go to the Supreme Court.
“Yet the denial of the rehearing in the Fifth Circuit hardly means the end of the legal road for either side in the fight to firmly establish whether HISA is constitutional or not.
“Often, an en banc petition in a federal appeals court merely equates to a necessary legal formality to show the U.S. Supreme Court that a party has exhausted every procedural option at the appeals court level before asking the Supreme Court to resolve a case.
“Increasingly, that’s where this case seems destined to end up. That’s because for two months now, there have been conflicting opinions between two different federal appeals courts over HISA’s constitutionality.”
To read the complete story on Thoroughbred Daily News, click here.