constitutionality

The Wait Begins: Fifth Circuit Hears HISA Constitutionality Appeal Arguments

A 2 1/2-year-old legal fight led by the National Horsemen's Benevolent and Protective Association (NHBPA) to try and overturn the Horseracing Integrity and Safety Act (HISA) based on alleged constitutional flaws got distilled into one hour of oral arguments on Wednesday in the case's second go-round before the United States Court of Appeals for the Fifth Circuit in New Orleans. As expected, lawyers for the two sides stuck to the finer points of constitutionality law, and there were only several passing references related to horse racing. The arguments centered on...

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Judge: 'Substantial Overlap' of Plaintiffs In Multiple Anti-HISA Suits 'Indicative of Improper Motive'

A lawsuit spearheaded by the states of Louisiana and West Virginia that is trying to derail the Horseracing Integrity and Safety Act (HISA) via alleged constitutional violations was dealt a setback Wednesday when a federal judge recommended that an amended version of the complaint be stricken from the record. That recommendation, if it gets put into place by a final order, would bar 14 individual Horsemen's Benevolent and Protective Association (HBPA) affiliates, plus a wide swath of states, racing commissions, and individual racetracks from becoming parties to the 14-month-old lawsuit....

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Vets: HISA Puts Them at 'Greater Risk than Other Covered Persons'

The North American Association of Racetrack Veterinarians (NAARV) is arguing for the United States Court of Appeals for the Fifth Circuit to overturn the Horseracing Integrity and Safety Act (HISA) on constitutional grounds because the law allegedly "places the racetrack veterinarians at a greater risk than other covered persons" from a due process standpoint. Chief among the assertions made by the NAARV in a 51-page "friend of the court" brief filed July 14 are that "initial findings of wrongdoing by a member of NAARV, pursuant to HISA, result in a...

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FTC: Latest Anti-HISA Suit Doesn't Come 'Within a Furlong' of Demonstrating Harms

The Arkansas-based lawsuit filed six weeks ago that is the most recent among five separate federal complaints attempting to derail the Horseracing Integrity and Safety Act (HISA) via alleged constitutionality claims was broadly rebuffed Monday in separate legal filings by the defendants in the case, who are executives with the HISA Authority and the Federal Trade Commission (FTC). The plaintiffs, led by Bill Walmsley, president of the Arkansas Horsemen's Benevolent and Protective Association (HBPA), and Jon Moss, the executive director of the Iowa HBPA, had asked a judge in United...

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Statement on HISA from NTRA President and CEO Tom Rooney

"As a former instructor of constitutional and criminal law at the United States Military Academy, I implored upon the cadets that we are a nation of laws, not of emotional disinformation. Article III of the Constitution gives the courts the task of interpreting the laws to determine constitutionality and that process is exactly what is happening right now with HISA. "HISA is the law of the land and has been challenged in the courts. In this country constitutionality is not determined by those who may disagree with the language of...

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HBPA Plaintiffs Tell Fifth Circuit New Law 'Does Not Fix' HISA's Problems

As the Fifth Circuit United States Court of Appeals weighs a motion by the Horseracing Integrity and Safety Act (HISA) Authority to vacate its recent opinion that HISA is unconstitutional, a plaintiff team led by the National Horsemen's Benevolent and Protective Association (NHBPA) on Friday urged the court not to do that, arguing that a new federal law passed two weeks ago to amend the operative language of HISA "does not fix" three alleged constitutionality issues. "This Court's opinion identified three distinct problems with HISA: 'An agency does not have...

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Sixth Circuit Parties Argue Whether New HISA Law Renders Anti-Constitutionality Claims Moot

Parties on both sides of a Sixth Circuit United States Court of Appeals case that seeks to reverse a lower court's decision to dismiss a constitutional challenge of the Horseracing Integrity and Safety Act (HISA) argued via written briefs Thursday as to whether or not a pro-HISA law passed at the tail end of 2022 renders as "moot" any constitutionality claims in the under-appeal lawsuit. The Jan. 12 briefs were filed in accordance with a Dec. 30 request from the Sixth Circuit to explain how the Dec. 29 signage of...

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Landry To Deliver Keynote Address at National HBPA Conference

Edited Press Release Louisiana Attorney General Jeff Landry will be the keynote speaker at the National HBPA's annual conference Mar. 6-10 at the Hotel Monteleone in New Orleans' historic French Quarter, the horsemen's organization announced. The conference, being hosted by the Louisiana HPBA, takes place in conjunction with the Association of Racing Commissioners International (ARCI) Annual Meeting and Racing Integrity Conference. Landry's keynote address is to be delivered Mar. 7. He has been at the forefront of states challenging the constitutionality of the Horseracing Integrity and Safety Act (HISA) and...

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Oral Arguments In Sixth Circuit HISA Case Heard Wednesday

CINCINNATI, OHIO -- The latest challenge to the Horseracing Integrity and Safety Act (HISA) was the first case before the three judges selected to weigh in on the law's constitutionality Wednesday in the United States Court of Appeals for the Sixth Circuit, in Cincinnati. The plaintiffs comprise the state of Louisiana; Oklahoma and its racing commission, plus West Virginia and its racing commission. Three Oklahoma tracks-Remington Park, Will Rogers Downs, and Fair Meadows-are also plaintiffs, as are the Oklahoma Quarter Horse Association, the U.S. Trotting Association, and Hanover Shoe Farms,...

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In Advance of HISA Appeals, Court Date, Two Sides Hone Arguments

In advance of oral arguments scheduled Aug. 30 in the United States Court of Appeals for the Fifth Circuit, the two sides involved in the injunction appeal brought by the Horseracing Integrity and Safety Act Authority (HISA) have filed legal briefs that they hope will sway the court to their side of the case. Both HISA and the Federal Trade Commission (FTC) are defendants in an underlying lawsuit led by the states of Louisiana and West Virginia, plus the Jockeys' Guild, that alleges unconstitutionality and federal rulemaking procedure violations regarding...

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Taking Stock: Constitutionality Matters

Last Friday, on the same day that Bob Baffert's New York Racing Association (NYRA) suspension hearing was ending in New York, the Texas attorney general filed a motion in a Texas federal court to join the National Horsemen's Benevolent and Protective Association (National HBPA), et al., in arguing that the Horseracing Integrity and Safety Act (HISA), enacted late last year, was unconstitutional. Baffert had challenged his suspension, which was summarily instituted by NYRA without a hearing May 17 after the Baffert-trained Medina Spirit (Protonico) had tested positive for betamethasone in...

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