Columbus, OH – In a letter to Senator Mitch McConnell, Louisiana Attorney General Jeff Landry, who was joined by eight other State’s Attorneys General, urged him not to propose language related to HISA in the Defense Spending Authorization Act or other end-of-year legislation because HISA has already caused enormous upheaval in their nine states and that anything other than repealing this ill-advised legislation will only make a bad situation worse.

In the letter, Landry wrote,

“Senator McConnell:

“The undersigned State Attorneys General write on matters of utmost importance and urgency—federal legislation that strikes at the very philosophical foundations of our Republic. That legislation is the Horseracing Integrity and Safety Act (“HISA”). A recent decision issued from the United States Court of Appeals for the Fifth Circuit held that HISA is unconstitutional. See National Horsemen’s Benevolent & Protective Association v. Black, — F.4th —, 2022 WL 17075011 (5th Cir. Nov. 18, 2022). The Court unanimously and correctly held that HISA facially violates the private nondelegation doctrine. Louisiana, Oklahoma, and West Virginia have a similar case pending before the United States Court of Appeals for the Sixth Circuit, with oral argument heard on December 7.

“It has come to our attention that you are considering proposing language related to HISA in the Defense Spending Authorization Act or other end-of-year legislation. We urge you not to do so. HISA has already caused enormous upheaval in our States. A lame-duck session is not the time to slip new language into legislation amending HISA in response to Black. Indeed, language that attempts anything other than repealing this ill-advised legislation will only make a bad situation worse.”

To read the complete letter, click here.

The letter was signed,

Very truly yours,
Jeff Landry
Louisiana Attorney General

Leslie Rutledge, Arkansas Attorney General

Alan Wilson, South Carolina Attorney General

Todd Rokita, Indiana Attorney General

Dave Yost, Ohio Attorney General

Ken Paxton, Texas Attorney General

Lynn Fitch, Mississippi Attorney General

Brenna Bird, Iowa Attorney General (Elect)

John O’Connor, Oklahoma Attorney General