Fifth Circuit

TDN Launches Prediction Market

The TDN has launched a prediction market, where voters "bet" on the outcomes of questions with virtual money and earn real money with their correct predictions to be donated to charity. The market was the idea of TDN writer J. N. Campbell. Several times a week, the TDN will pose a question in the TDN, on our website in a story post, and on social media, asking voters to predict the outcome of a particular story. We are using the platform Manifold, profiled in a New York Times story, The...

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Q and A With Lucinda Finley: A Lot Rests on Pending Fifth Circuit HISA Ruling

Earlier this month, the United States Court of Appeals for the Fifth Circuit in New Orleans heard oral arguments in a pivotal case—led by the National Horsemen's Benevolent and Protective Association (NHBPA)—seeking to overturn the Horseracing Integrity and Safety Act (HISA) on grounds that it is constitutionally flawed. In short, the Fifth Circuit's pending ruling could have profound implications for the short and long-term future of the federal law. Oral arguments in the Fifth Circuit follow a key decision earlier this year out of the United States Court of Appeals...

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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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Texas Judge Says No to ADMC Injunction

The Texas judge handling the National Horsemen's Benevolent and Protective Association (NHBPA) constitutionality lawsuit that is trying to halt the Horseracing Integrity and Safety Act (HISA) on Wednesday refused to grant an injunction that would delay the May 22 implementation of the Anti-Doping and Medication Control (ADMC) program. In issuing his order, United States District Court Judge James Wesley Hendrix of the Northern District of Texas (Lubbock Division) pointed out that it is the second time in two weeks that he has informed the plaintiffs in a court order that...

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Lucinda Finley Q&A: HISA Critics Throwing `Everything” Until Something “Sticks'

After a series of false starts, the Horseracing Integrity and Safety Act's (HISA) signature anti-doping and medication control (ADMC) program is now set to go into effect on May 22. Continuing to play out against this latest development are a handful of lawsuits seeking to derail the law—a complex legal landscape evolving at seemingly vertigo-inducing speed. In a ruling delivered last week, judge James Hendrix of the Lubbock Division of the Northern District of Texas found the version of the act amended by Congress at the end of last year...

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Federal Judge Rules HISA Constitutional After Law's Rewrite

The revamped Horseracing Integrity and Safety Act (HISA) statute that got signed into law back in December was judged to be constitutional late on Thursday by the Texas federal district judge handling the case on remand from the United States Court of Appeals for the Fifth Circuit. "Congress answered the call-identifying the three constitutional concerns that led the Fifth Circuit to hold HISA unconstitutional and rectifying each with the amendment," wrote United States District Court Judge James Wesley Hendrix in his May 4 order out of the Northern District of...

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HISA Authority Challenges 'Piggyback' Strategy in Amended Louisiana Lawsuit

The recently amended federal lawsuit spearheaded by the state of Louisiana against the Horseracing Integrity and Safety Act (HISA) Authority and the Federal Trade Commission (FTC) is facing a new challenge from the HISA Authority defendants, who filed a Mar. 6 motion to strike the latest version of the complaint based on allegations that the plaintiffs are "improperly" attempting to use federal rules of civil procedure to turn the case to their advantage. The chief beef in the HISA Authority's Mar. 6 "motion to strike" filed in U.S. District Court...

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`Sometimes, Government Works': Sixth Circuit Rules HISA Constitutional

"Sometimes, government works." With those words, the United States Court of Appeals for the Sixth Circuit has upheld the constitutionality of the Horse Racing Integrity and Safety Act (HISA), setting up a potential court battle in the U.S. Supreme Court. In short, the Sixth Circuit has ruled that the language added to the bill at the end of 2022 to address concerns of unconstitutionality were sufficient to alleviate those concerns. The plaintiffs in the Sixth Circuit case were comprised of the state of Louisiana; Oklahoma and its racing commission, plus...

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Fifth Circuit Rules No `Emergency' Status in States Vs. HISA Case

The United States Fifth Circuit Court of Appeals ruled Thursday that it won't treat a request made by the Horseracing Integrity and Safety Act (HISA) Authority to vacate a recent panel opinion and reinstate a stay pending appeal as an "emergency" that requires an expedited decision. The decision involves a lawsuit under appeal brought by the states of Louisiana and West Virginia, plus other "covered persons" under HISA, alleging unconstitutionality and federal rulemaking procedure violations. (Note: An earlier version of this story misidentified the plaintiff in the case. The National...

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