Racing and FTC officials file to get Fifth Circuit opinions vacated, cases reheard

Racing and FTC officials file to get Fifth Circuit opinions vacated, cases reheard

Article brief provided by Thoroughbred Daily News
  • T. D. Thornton, Thoroughbred Daily News
January 4, 2023 8:53 PM
  • T. D. Thornton, Thoroughbred Daily News

Citing the year-end passage into law of a bill that included language giving the Federal Trade Commission (FTC) more rule-making authority in the Horseracing Integrity and Safety Act (HISA), officials from HISA and the FTC who are defendants in two lawsuits before the Fifth Circuit United States Court of Appeals filed four separate documents on Tuesday seeking to vacate two opinions related to constitutionality issues and get rehearings in both cases.

In one lawsuit initiated by the National Horsemen’s Benevolent and Protective Association (NHBPA) and 12 of its affiliates against personnel from the HISA Authority and the FTC, the Fifth Circuit ruled on Nov. 18 that HISA was unconstitutional because it “delegates unsupervised government power to a private entity,” and thus “violates the private non-delegation doctrine.”