Columbus, OH — Gibson Dunn, the attorneys for the U.S. Trotting Association, issued the following statement regarding an appeal of the Kentucky ruling in the Horseracing Integrity and Safety Act constitutionality challenge.
Never before has Congress ceded so much governmental power to a private entity. Indeed, the statute bestows upon a private corporation the authority to regulate an entire industry. And the statute also coerces the States into serving as the private corporation’s fee-collection agents. The statute is incompatible with the Constitution. We look forward to arguing the case before the Sixth Circuit.
We appealed the Kentucky ruling four days after it was handed down and filed our brief yesterday (July 19) in the U.S. Court of Appeals for the Sixth Circuit.