Preakness Notes: Belmont Stakes Under Consideration For Runner-Up Midnight Bourbon

Steve Asmussen, the Hall of Fame trainer of Winchell Thoroughbreds' Midnight Bourbon, said Sunday that the June 5 Belmont Stakes (G1) is under consideration for the runner-up in Saturday's Preakness Stakes (G1) at Pimlico Race Course in Baltimore, Md.

With Irad Ortiz Jr. in the saddle, Midnight Bourbon prompted a solid pace set by Medina Spirit, who led throughout in the May 1 Kentucky Derby (G1), before drawing clear in upper stretch. The son of Tiznow looked home free until Rombauer swept by in the final sixteenth of a mile for a 3 1/2-length victory.

“Proud of his effort,” said Asmussen, who was seeking a third victory in the Middle Jewel of the Triple Crown following two-time Horse of the Year Curlin (2007) and filly Rachel Alexandra, the 2009 Horse of the Year. “Irad gave him a great chance, and the horse ran hard and ended up second. But I don't think everybody is that far off. He's a quality horse, continuously running better.

“He had every chance yesterday and he ran second. He's a good horse who needs to continuously get better,” he added, “but, we have a lot of confidence that he will, pedigree-wise, and who he is physically and the fact that he has continuously improved to this point.”

Midnight Bourbon left Pimlico to van back to Churchill Downs right before dawn Sunday morning. Asked if the 1 ½-mile Belmont Stakes might be in the plans, Asmussen said, “Of course it is … all major 3-year-old races are under consideration for the rest of the year. Let's get him back to normal circumstances just to see where we're at with him. That also gives us time to see everything that's out there and knock out a plan for him for the second half of the year.”

Midnight Bourbon went off as the 3-1 second choice behind 2-1 favorite Medina Spirit. The massive colt came into the 1 3/16-mile classic with a 2-2-3 record in eight starts, his only out-of-the-money finish coming when he broke awkwardly before finishing sixth in the Kentucky Derby. Midnight Bourbon won the Lecomte (G3), was third in the Risen Star (G2) and checked in second in the Louisiana Derby (G2) at Fair Grounds. He had beaten and held his own against Mandaloun, who was second by a half-length in the Kentucky Derby.

Midnight Bourbon's pedigree and his up-close running style would seem to lend itself to the Belmont Stakes. Tiznow, who was pensioned as a stallion last fall, is the sire of 2005 Belmont winner Da' Tara.

“Absolutely,” Asmussen said of the Belmont suiting Midnight Bourbon. “I think he has proven he is more than worthy of consideration for the best 3-year-olds in the country.”

Medina Spirit, Concert Tour Exit Preakness in Good Order
Jimmy Barnes, the longtime assistant of trainer Bob Baffert, was packing up shop Sunday morning at Pimlico Race Course. Medina Spirit, who tired to third in the Saturday's Preakness (G1), and Concert Tour, who checked in ninth, got on a van bound for Churchill Downs at 10 a.m.

Once they get to Kentucky, it will be up to Baffert to decide what is next for the two colts.

“We will evaluate everything and Bob will see what direction he wants to go with them,” Barnes said.

Both Zedan Racing Stables' Medina Spirit and Gary and Mary West's Concert Tour came out of the Preakness in good shape, he said. Medina Spirit, who led throughout the Kentucky Derby (G1) two weeks earlier, set the pace before being overtaken in the stretch by Midnight Bourbon, who was then passed by the late-charging Rombauer.

“He ran his race,” Barnes said. “The second quarter is what got us. Once they threw up that 46 (46.93 seconds), it was a bit much,” Barnes said. “We just need to give him a little bit more time between races. Bob knows what to do and I will feed him the information and he will tell us what to do.”

Concert Tour was never a factor in the Preakness. He was bumped at the start by Risk Taking and the colt that was expected to vie for the lead never got there.

It was his second straight loss after starting his career with three wins.

“That's horse racing,” Barnes said. “You can't go out there and win every race. You try to. There were nine other horses out there and if you don't get your trip, you don't get your trip.”

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McConnell, Barr, Tonko File Brief Asking Court To Dismiss HBPA Lawsuit Against Horseracing Integrity And Safety Act

Attorneys representing three Congressional proponents of the Horseracing Integrity and Safety Act (HISA) have filed an amici curiae brief in support of a motion by defendants to dismiss a federal lawsuit by the National Horsemen's Benevolent and Protective Association and several affiliates alleging that the federal law establishing national oversight on medication and safety policies for horse racing is unconstitutional.

Attorneys Eric Grant of Texas and Paul E. Salamanca of Kentucky submitted the “friend of the court” brief on behalf of Kentucky Sen. Mitch McConnell, who pushed for the passage of HISA as part of omnibus funding bill in December while serving as Senate majority leader; Kentucky Rep. Andy Barr; and New York Rep. Paul Tonko. Barr and Tonko were the primary sponsors of HISA in the House of Representatives. The bill was signed into law by former President Donald Trump.

The brief pushes back against a partial motion to dismiss from HBPA attorneys filed April 30 seeking the court to declare HISA unconstitutional and order an injunction preventing the Horseracing Integrity and Safety Authority, the agency created by the law, from operating as a national oversight body.

The three points of contention countering the HBPA position is that 1) HISA is vital legislation; 2) HISA is the result of extensive legislative deliberation; and 3) HISA is structurally constitutional.

The brief argues that the racing industry recognized that an “acute safety crisis was creating an existential crisis of public confidence” and that HISA was Congress' response to that crisis.

“HISA's mandate to create national, uniform equine health and safety rules is vital to the stability and growth of horseracing,” the brief reads. “Like any regulatory regime, not everyone agrees with HISA's objectives or the means by which the statute achieves those objectives. But the question for this court is only whether Congress had an adequate and legitimate basis for enacting HiSA.”

On the second point, the brief explains the history of previous efforts to pass legislation similar to HISA, with numerous Congressional hearing taking place over the last decade, including one in 2018 and another in 2020. Among the 14 witnesses who testified in the latter two hearings, the brief contends, were four opponents of the legislation, including the CEO of the National HBPA.

The HBPA alleged in its lawsuit that HISA passed the House of Representatives on a voice vote with no debate and that it was never discussed in committee or on the floor of the Senate.

The final point of the brief states that HISA is structurally constituted and modeled on the Maloney Act, which authorized the Financial Industry Regulatory Authority (FINRA) to regulate federal securities markets. FINRA is under the auspices of the Securities and Exchange Commission, which can approve, reject or modify its policies.

Similarly, HISA will operate under the auspices of the Federal Trade Commission, which can approve, reject or modify policies. As a private entity, HISA would “propose, not promulgate” rules to the FTC, according to the brief.

“For the foregoing reason,” the brief states, “this court should grand defendants' motion to dismiss (the lawsuit).”

The McConnell-Barr-Tonko brief was not the only one submitted to the court. The North American Association of Racetrack Veterinarians (NAARV) filed a brief contending that the establishment of the Authority would deny due process to its members.

The suit was filed in U.S. District Court for the Northern District of Texas, Lubbock Division.

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‘Alegria’ Books Breeders’ Cup Berth With Victoria Mile Score

Gran Alegria (Jpn) (Deep Impact {Jpn}) put her stamp on the G1 Victoria Mile at Tokyo on Sunday, a “Win and You're In” for the GI Breeders' Cup Filly & Mare Turf. The 2020 Japanese Champion Sprinter/Miler was winning her fifth Group 1 race when drawing off to win by four lengths over the good to firm ground.

Bet down to 30 cents on the dollar, Gran Alegria perched in midfield as Christie (Jpn) (Kizuna {Jpn}) set a demanding tempo. Beginning to make inroads toward the front inside the final 600 metres, the Sunday Racing colourbearer burst to the head of affairs at the 150-metre mark and quickly distanced herself by an astonishing four lengths. Rambling Alley (Jpn) (Deep Impact {Jpn}) was second, a neck ahead of Magic Castle (Jpn) (Deep Impact {Jpn}), who was a like margin to the good of Dirndl (Jpn) (Rulership {Jpn}).

“She was very strong as we had all expected,” commented jockey Christophe  Lemaire, who won his 38th JRA Group 1 race and his 1,400th overall victory in Japan. “She's not a very good starter so we settled in mid-division, but she raced in good rhythm. After I took her to the outside entering the lane, she showed a remarkable response and geared up on her own. She showed that she's at a different level than her competitors and will probably win more Group 1 titles going forward.”

A winner of the 2019 G1 Japanese 1000 Guineas, Gran Alegria ran second in her 2020 bow, the G1 Takamatsunomiya Kinen last March, but then rattled off three Group 1s on the bounce-the June 7 Yasuda Kinen, the Oct. 4 G1 Sprinters S. and the G1 Mile Championship. Named the 2020 Japanese Champion Sprinter/Miler, the now 5-year-old mare ran fourth in the G1 Osaka Hai on Apr. 4.

 

Pedigree Notes
One of 48 Group 1 winners for her late supersire, Gran Alegria also has the second highest tally of top-level victories of Deep Impact progeny with five behind just Gentildonna (Jpn) (7). To date, the former Shadai Stallion Station supremo has sired 175 black-type winners 142 of them at the group level. In addition to Gran Alegria, he is also responsible for Japanese listed winner and group-placed Arusha (Jpn), who is also out of a Tapit mare. Tapit's daughters have produced five Grade/Group 1 winners among 43 black-type winners.

One of two winners from two foals to race for her dam, Gran Alegria is the star offspring of the late Listed Breeders' Cup Juvenile Fillies Turf victress Tapitsfly (Tapit), who would go on to win both the GI Longines Just a Game S. and GI First Lady S. as a 5-year-old. Knocked down to Katsumi Yoshida for $1.85 million at the 2012 Fasig-Tipton November Sale, Tapitsfly's first foal is Gran Alegria after being barren in 2015.

 

Saturday, Tokyo, Japan
VICTORIA MILE-G1, ¥204,960,000, Tokyo, 5-16, 4yo/up, f, 1600mT, 1:31.00, fm.
1–GRAN ALEGRIA (JPN), 121, m, 5, Deep Impact (Jpn)
                1st Dam: Tapitsfly (MGISW-US, $1,495,503), by Tapit
                2nd Dam: Flying Marlin, by Marlin
                3rd Dam: Morning Dove, by Fortunate Prospect
O-Sunday Racing; B-Northern Farm (Jpn); T-Kazuo Fujisawa;
J-Christophe Lemaire. ¥108,820,000. Lifetime Record: Ch. 3yo
Filly-Jpn, Ch. Sprinter-Jpn, Ch. Miler-Jpn, 12-8-1-1. Werk Nick
   Rating: A+++. *Triple Plus*. Click for the
  eNicks report & 5-cross pedigree.
2–Rambling Alley (Jpn), 121, m, 5, Deep Impact (Jpn)
                1st Dam: Blooming Alley (Jpn), by Symboli Kris S.
                2nd Dam: Princess Olivia, by Lycius
                3rd Dam: Dance Image (Ire), by Sadler's Wells
O-Shadai Race Horse; B-Shadai Farm (Jpn); ¥43,092,000.
3–Magic Castle (Jpn), 121, f, 4, Deep Impact(Jpn)
                1st Dam: So Magic (Jpn), by Symboli Kris S.
                2nd Dam: Xua (Ire), by Fairy King
                3rd Dam: Bold Starlet (GB), by Precocious (GB)
O-Shadai Race Horse; B-Shadai Farm (Jpn); ¥26,546,000.
Margins: 4, NK, NK. Odds: 0.30, 74.20, 13.70.
Also Ran: Dirndl (Jpn), Shigeru Pink Dia (Jpn), Resistencia (Jpn), Danon Fantasy (Jpn), Des Ailes (Jpn), Maltese Diosa (Jpn), Christie (Jpn), Sound Chiara (Jpn), Red Belle Deesse (Jpn), Ria Amelia (Jpn), Terzetto (Jpn), Smile Kana (Jpn), Affranchir (Jpn), Pourville (Jpn), Iberis (Jpn).
Click for the JRA chart & video or the free Equineline.com catalogue-style pedigree.

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