States challenge constitutionality of HISA

Columbus, OH – In a story on SCOTUSblog.com, Kalvid Golde reports on a request made to the U.S. Supreme Court to review and reverse a decision by the 6th Circuit Court that declared the Horseracing Integrity and Safety Act constitutional.

Golde wrote, “National attention was not focused on the plight of thoroughbred horses when Congress passed HISA in the fall of 2020, in the throes of the COVID-19 pandemic and the heat of a presidential election. But the law caught the attention of a number of states and industry players, which have been fighting it in court ever since. This week, we highlight petitions that ask the justices to consider, among other things, whether the act violates the Constitution by delegating Congress’s authority to rein in horseracing’s troubles to a private company.”

He reports, that “a group of states, led by Oklahoma, and their racing commissions went to federal court in Kentucky. They argued that the law was unconstitutional because it delegated federal power to a private company – a concept known as the private non-delegation doctrine. Moreover, they contended, forcing the states to fund the authority conscripts state resources to implement a federal program – a concept known as the anti-commandeering doctrine. The district court dismissed both claims.”

To read the complete story on SCOTUSblog.com, click here.

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