NHBPA Again Goes to Court to Try and Halt May 22 ADMC Launch

With another appeal in the pipeline for its constitutionality lawsuit that is trying to derail the  Horseracing Integrity and Safety Act (HISA), the National Horsemen's Benevolent and Protective Association (NHBPA) has once again asked a federal judge in Texas to grant in injunction that would delay the May 22 implementation of the HISA Authority's Anti-Doping and Medication Control (ADMC) program.

The motion for injunction pending appeal was filed on Friday, one day after United States District Court Judge James Wesley Hendrix ruled that the revamped version of HISA that got signed into law back in December was indeed constitutional, clearing the way for the ADMC's thrice-delayed launch.

On Monday, May 8, Hendrix sped along the litigation process by ordering the defendants in the case, who are personnel from the HISA Authority and the Federal Trade Commission (FTC), to file a response to the NHBPA's injunction request by Thursday, May 11.

“The Court previously denied injunctive relief, but the plaintiffs again request an injunction, arguing that they will be injured by the ADMC rule during the pendency of an expected appeal,” Hendrix wrote.

The May 5 filing by the NHBPA explained the reasoning behind the request this way:

“An injunction is necessary because the industry cannot endure 'seismic change' in the short term that is undone shortly thereafter. The courts should not put the industry on a roller-coaster where the ADMC rules are in effect from May 22 to, say, Nov. 18 (the date of the last Fifth Circuit decision), and then they go out of effect again if the Fifth Circuit finds the amended law unconstitutional.”

The NHBPA filing continued:

“This Court has now considered the case a second time, and again the Court has upheld the act. Though the Court ultimately concluded the Horsemen did not present a winning case, it should conclude that at minimum they presented a substantial case, which is less than successful, but more than non-negligible.

“[The NHBPA] won at the Fifth Circuit last time around, with arguments the Sixth Circuit panel would have also adopted as to the original version [of the HISA law]. They have returned to this Court with a serious case as to the amended version of the statute. Though they did not win, they have at least established a 'fair prospect' or reasonable possibility of success on appeal…”

“Moreover, the Horsemen have presented additional arguments concerning the budget and the original meaning which also plausibly demonstrate that the FTC does not have pervasive surveillance and control over the Authority,” the May 5 filing stated.

Hendrix was the same judge who, back on March 31, 2022, dismissed the NHBPA's underlying lawsuit. The NHBPA plaintiffs appealed that decision, leading to the Fifth Circuit's reversal on Nov. 18, 2022. But the Fifth Circuit remanded the case back to the Lubbock Division for “further proceedings consistent with” the Appeals Court's reversal. Hendrix's May 6, 2023, order validated the newer version of HISA that got amended and passed into law back on Dec. 29, 2022.

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Pleasant Valley State Prison And Thoroughbred Retirement Foundation Host Open Barn

Pleasant Valley State Prison (PVSP) and the Thoroughbred Retirement Foundation (TRF) are hosting an “Open Barn” event May 12 from noon to 2 p.m. to celebrate the fourth anniversary of the PVSP Second Chances Program. This vocational training program provides incarcerated participants with life-changing job skills through its accredited equine care and stable management courses. TRF program providers work closely with participants to train horses that live on institution grounds. This valuable training can lead to employment opportunities upon release. Attendees will have the opportunity to interview and photograph program providers and participants as well as meet the horses that reside at PVSP. During the event, students will showcase their skills with live horse shoeing as well as an exhibition of basic grooming care.

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Top to Bottom: Derby Rundown

This week's Triple Crown feature examines the trips of GI Kentucky Derby runners in detail from first to last:

1) Mage (No. 12 in TDN pre-race rankings)
Mage, the little horse who could, was a characteristic beat slow out of the starting gate. Javier Castellano let him roll with the flow as the field sorted itself out through the first furlong, then darted to secure the rail while fourth-last the first time under the wire.

Unhurried through the turn, this son of Good Magic ($235,000 KEESEP; $290,000 EASMAY) raced several paths off the rail down the backstretch. Castellano seemed content knowing a brisk pace was percolating in front of him while aware the two late-running faves were also still parked at the back.

Edging closer, Mage tagged on behind the rapidly advancing Derma Sotogake (Jpn) (Mind Your Biscuits) entering the far turn. Sensing two rivals ranging up from the outside and not wanting to be locked in, Castellano committed his colt to an ever-widening arc to get clear of them. Mage was still 11th while four deep three-eighths out, but he was winding up for a move that would prove to be a better-timed version of the one he uncorked in the GI Florida Derby.

Building momentum, Castellano urged Mage with a more energetic cadence and steered for home in the eight path. He set down Mage as soon as they straightened away, advancing from fifth at the quarter pole to second three-sixteenths out. Zeroing in on a tiring-but not quitting-Two Phil's (Hard Spun), Mage accosted that pacemaker at the eighth pole, with Castellano cracking his colt once right-handed.

Mage didn't exactly blow by the pesky Two Phil's, who lingered a half-length back while Angel of Empire (Classic Empire) emerged as the lone remaining danger. Mage stalled for a stride at the sixteenth pole, but refocused quickly under Castellano's persistent (but never panicked) rousing, driving home with purpose to win by a length (105 Beyer Speed Figure).

2) Two Phil's (No. 11 in TDN pre-race rankings)
Two Phil's ($150,000 RNA KEESEP) broke decently from post three, but an eighth of a mile into the race, Jareth Loveberry wanted no part of being stuck inside, so he guided his colt several paths outward. A trio of speedsters had opened up by three lengths into the first turn, and Two Phil's was in the middle of a second flight of three that crept closer on the back straightaway.

The two waves soon merged, yet even as the pack tightened, Loveberry and Two Phil's appeared relaxed and comfortable. That spot two lanes off the fence proved to be prime positioning into the far turn, because when Verifying (Justify) was first among the duelers to crack, Loveberry shot through to claim the inside passage he vacated, and within three strides Two Phil's had put away Reincarnate (Good Magic) and Kingsbarns (Uncle Mo), who were both being driven while Two Phil's was opening up under hand urging.

At the head of the lane, all the spent horses were bogged down inside, and Two Phil's braced for the wide-and-driving Mage. Two Phil's was understandably fatigued from stalking the fast pace and getting first run at the leaders, and while he was no match for Mage, this colt never packed it in. He stayed on as best he could under Loveberry's urging and held second by a half-length, replicating the 2007 Derby finish of his sire, Hard Spun. He galloped out on even terms with Mage and co-earned a 105 Beyer.

3) Angel of Empire (No. 10 in TDN pre-race rankings)
Angel of Empire ($32,000 RNA KEENOV; $70,000 KEESEP) was sent away from the gate, but not so much to ask him for early speed as to put his head in the game straight from the start. He settled willingly for Flavien Prat third from last the first time through the lane, and seven-eighths out dropped from the three path onto the rail and rode it until the far turn, gradually picking off midpack stragglers as he advanced.

Prat wisely opted off the inside when Verifying began plummeting through the field, and this colt very much looked in it to win it at the top of the stretch. He was eight wide and right behind Mage, but the difference was that Mage kicked into a higher gear while Angel of Empire continued to grind along. This son of Classic Empire was still three lengths in arrears at the eighth pole when Mage made his winning move.

Angel of Empire did find his best stride in that final furlong, but it was too late. Even with an untroubled trip and zesty fractions setting things up for him, this Pennsylvania-bred's usual closing kick wasn't quite good enough to reel in Two Phil's for second-and that's despite upping his best lifetime Beyer by 10 points, from 94 to 104. The top three galloped out more or less together.

4) Disarm (No. 8 in TDN pre-race rankings)
'TDN Rising Star' Disarm (Gun Runner) broke inward from post nine and love-tapped Reincarnate, with neither large-framed colt fazed by the contact. Joel Rosario took every opportunity in the early running to shift this Winchell Thoroughbreds homebred deeper down toward the rail, and he found the fence within the back third of the pack by the time the field crested the clubhouse turn.

Disarm kept bettering his position while eating a fair amount of kickback, but he was never able to cut loose with a sustained run and often appeared “on hold” or on the verge of getting pocketed. He split horses on the far turn, but was walled up near the inside off the final bend, which in this year's Derby was not the place to be because of the cluster of tiring horses taking up residence there.

In upper stretch, Rosario tried to dive outward through a hole that Hit Show (Candy Ride{Arg}) got to first, so Plan B was to slice back inside, which only yielded more tight traffic for a precious half-furlong. Disarm shouldered aside the capitulating Kingsbarns, but when he finally go clear running room inside the final eighth, he had no finishing flourish.

Beaten 4 ½ lengths, Disarm was the final Derby horse in the race to be awarded a triple-digit Beyer, and that 100 represented a respectable 10-point jump off the 90s he paired in his previous two races.

5) Hit Show (No. 9 in TDN pre-race rankings)
Although he never fired despite attaining a no-excuse trip from the difficult one post, this Candy Ride (Arg) homebred for Gary and Mary West ran a commendable race, especially considering he's a May 9 foal.

Hit Show broke fluidly from the inside gate, affording Manny Franco the luxury of positioning him where he wanted in the early part of the race. Initially fifth, Hit Show got geared back to seventh through the turn, then was eased off the fence to the four path so Franco could claim a sweet, uncrowded stalking spot behind the speedsters with no one covering him up and plenty of room to maneuver.

Sixth into the far bend, Hit Show started to pick it up with a four-wide run 3 ½ furlongs out under urging from Franco. He looked poised to pounce from third turning for home, but had no response to three left-handed swats in upper stretch. In the manner of a few strides, Hit Show went from attack mode to being under siege. Mage blew by to his outside, and Hit Show stayed on doggedly, with Franco keeping him to task to get fifth money.

6) Derma Sotogake (Jpn) (No. 14 in TDN pre-race rankings)
Derma Sotogake (Jpn) broke toward the back with his head briefly turned inward. There was no rush by Christophe Lemaire to contest the pace. This ¥18,000,000 JRHJUL son of Mind Your Biscuits seemed okay placed farther back in the pack than expected despite getting pelted with kickback.

Lemaire moved decisively 4 1/2 furlongs out, splitting horses at the entrance to the far turn and initially picking off Disarm toward his inside and targeting the on-the-prowl Hit Show in front of him. Derma Sotogake seemed to be drawing a bead on the top trio off the turn, but he was quickly overtaken by Mage and Angel of Empire, whose full heads of steam stood out in contrast against his one-paced action.

“He didn't break as fast as last time but I was able to put him on the inside and save ground,” Lemaire said. “Gradually, we gained position on the final turn. I was in the best spot to make a move, he stayed on and but didn't have the speed to make it closer late.”

The field leaving the starting gate for the 2023 GI Kentucky Derby | Coady

7) Tapit Trice (No. 5 in TDN pre-race rankings)
You can watch the Derby replay as many times as you want, but trainer Todd Pletcher aptly summed up the trip for this 'TDN Rising Star' in his immediate take right after the race:  “Tapit Trice did what he always does-he broke slow and then he had to check a couple of times heading into the first turn. When it came time he couldn't get going well enough. Farther for him-we're thinking [GI] Belmont [S.].”

Luis Saez had to implore this $1.3 million KEESEP son of Tapit straight out of the starting stall, and he briefly lost momentum when Mage dropped in front of him a furlong into the race. Tapit Trice was last into the turn, but was already on the move six furlongs out, which is how he won the GI Blue Grass S.

He picked off three rivals at the back before another minor stutter-step stall a half mile out; Saez seemed conflicted going into the far turn about whether inside or outside would be best. But it really didn't matter because Tapit Trice had left himself too much work to do.

This colt did respond to far-turn rousing, but it takes Tapit Trice quite a while to fully unwind. He spun nine wide into the lane, and when it was evident he not within realistic striking distance, Saez decided to save Tapit Trice for another day.

8) Raise Cain (No. 19 in TDN pre-race rankings)
This son of Violence ($180,000 KEESEP; $65,000 RNA OBSOPN) ran a sneaky-good eighth. He broke running from post 13 and could have made the front vanguard, but Gerardo Corrales took a firm hold and guided him back, eventually latching on to a midpack spot at the fence through the first turn.

Raise Cain showed a nice ability to pick off selected targets down the backstretch, always bettering his position, and when the far turn arrived, he had achieved a tactically advantageous spot behind the too-fast frontrunners down near the inside.

Corrales pulled off a deft move when shifting outside of the tiring Verifying, then reclaiming his spot at the rail. But when the field straightened, the need to get off the plugged-up inside suddenly became desperate, and Raise Cain had to waste forward momentum by repeatedly shifting laterally through the lane. He only encountered more and more traffic, enduring some bumping that stalled his late run for good. Overall though, the effort rates much better than it looks on paper.

9) Rocket Can (No. 13 in TDN pre-race rankings)
Junior Alvarado said post-race that, “I think I had one of the best trips in the race,” and he's probably right-at least for the first mile of the journey.

Rocket Can, a $245,000 FTSAUG RNA gray, was initially a touch keen while briefly running up on heels in the first few strides, but he settled in seventh, inching closer to the action as the two front packs merged into one. He came out to the four path and enjoyed similar uncovered placement as Hit Show while edging to within four lengths of the leaders into the last turn.

After saving ground, this blinkers-on son of Into Mischief tried to punch through between rivals three-sixteenths out, but he had tiring horses on both sides and it wasn't initially apparent if Two Phil's ahead of him was stopping or staying on. By the time Alvarado called on Rocket Can for another burst, the colt had nothing left to give.

10) Confidence Game (No. 18 in TDN pre-race rankings)
Judging Confidence Game's try based on how close he was to a hot pace and how long he hung in there, his Derby 10th at 21-1 odds comes off as a likeable effort.

This $25,000 KEESEP Candy Ride (Arg) colt threw himself right into the race by breaking with good energy and securing a primo position, fourth at the rail into the turn behind a trio of eager  pacemakers.

He was fifth, then fourth for most of the backstretch run, attending the brisk splits while waiting to see how the duel would come undone. Confidence Game attempted to follow the dive-between move of Two Phil's five-sixteenths out, but Two Phil's was into the bridle with more alacrity, relegating this colt to chase mode turning for home closest to the rail.

At the eighth pole, Confidence Game was still within three of the leaders when Mage powered past Two Phil's. But he had that “spinning his wheels” look to his stride, and couldn't sustain his bid. He wasn't hammered on by James Graham when it became evident he wouldn't attain a placing.

11) Sun Thunder (No. 15 in TDN pre-race rankings)
Even with blinkers added, this late-running Into Mischief colt ($400,000 KEENOV; $495,000 RNA FTSAUG) was unhurried out of the gate, settling into stride second from last the first time past the finish.

Sun Thunder gained a few positions on the far turn and into the stretch, primarily from passing horses who had no forward momentum.

“I think we'll point to the Belmont after this,” trainer Ken McPeek said. “He was a little up against it today, but we'll come back to fight another day.”

12) Mandarin Hero (Jpn) (Unranked also-eligible in TDN pre-race rankings)
Mandarin Hero (Jpn) (Shanghai Bobby) was a hard-charging pace presence out of gate 17 without really being hustled. He suffered only slight momentum loss when Rocket Can knifed in front of him through the stretch.

Midpack and between rivals onto the backstretch, Kazushi Kimura rode him with confidence, then shook the reins at him with a sense of urgency when fellow Japanese invader Derma Sotogake ranged alongside and quickened into the far turn.

Mandarin Hero was asked for run four deep through the bend, and he came in close quarters with the brawny Tapit Trice. But this colt kept getting passed even though he was responding to his rider.

13) Reincarnate (No. 6 in TDN pre-race rankings)
This $775,000 KEESEP son of Good Magic had Disarm bounce off his outside flank a few jumps out of the gate, but Reincarnate's natural speed carried him straight to the front, where he hooked up as the outermost horse in a three-way go.

John Velazquez tacked him back behind Verifying and Kingsbarns down the back straight, and even though this colt was incrementally edging up a half mile out, he couldn't make much of a dent in the margin because the fractions were so demanding.

Reincarnate's best chance came on the far turn when Verifying was the first to crack, but he couldn't muster an authoritative response to put away the ready-to-cave Kingsbarns. Two Phil's slipped through to his inside instead, and Velazquez concentrated on keeping his own regressing mount out of the way of onrushing contenders once he realized no final kick was coming from Reincarnate.

14) Kingsbarns (No. 7 in TDN pre-race rankings)
Kingsbarns, now a 3-for-4 son of Uncle Mo ($250,000 FTSAUG; $800,000 FTFMAR)  won a couple of in-race battles after getting a good jump out of starting stall six.

After establishing a wicked pace, Kingsbarns dueled Verifying into defeat while still in hand entering the far turn under Jose Ortiz, and then kept next-closest pursuer Reincarnate at bay.

But by the midway point on the far bend Kingsbarns had no real response when Two Phil's swallowed him up and a sizable portion of the field careened by. Although out of the race by upper stretch, Kingsbarns managed to contribute to an inside logjam that adversely affected several contenders, although none of them truly had a winning shot.

“I sacrificed going a little bit faster than I wanted to in order to be in a good spot,” Ortiz said. “I wish we could have given him a breather on the backside.”

15) King Russell (Unranked also-eligible in TDN pre-race rankings)
This $60,000 FTKOCT gray by Creative Cause overcame a wide draw from post 18 but could only scrape together a mild mid-race spurt after going four wide on the clubhouse turn.

“He made a nice move from the five-eighths pole to the three-eighths pole, and then after that, he started to get tired and give up,” said jockey Rafael Bejarano.

16) Verifying (No. 4 in TDN pre-race rankings)
Post position two sealed Verifying's fate as a Derby frontrunner, even though he is probably more accomplished and comfortable as a pace-presser.

Tyler Gaffalione let him rumble through torrid opening quarters of :22.35 and :23.38 while forced forward by the speed-centric Kingsbarns and Reincarnate. When Verifying had no more left to give, his rider did a good job wrapping up and letting him coast back through the field along the inside without incident.

The Blue Grass S. and the Derby have now made for two difficult races in a row for this May 11 foal by Justify ($775,000 KEESEP), who still figures to be a fighter at the upper echelon of the division given his underlying talent and the stout seasoning he's gotten over the past six weeks.

17) Jace's Road (No. 17 in TDN pre-race rankings)
'TDN Rising Star' Jace's Road, a $510,000 KEESEP son of Quality Road, was sent away from gate 10 and landed a key stalking spot sixth on the outside heading into the turn. But he couldn't hold his position, and lost touch by the half-mile marker.

“He broke sharp and I tried to hustle him but he could not keep up with the three horses in front,” said Florent Geroux. “He was not trying. Before I knew everyone started passing him.”

18) Cyclone Mischief (Unranked also-eligible in TDN pre-race rankings)
This $450,000 KEESEP son of Into Mischief  broke sluggishly and was widest and last a furlong into the Derby. He zoomed by nine horses before the pack hit the first turn, but got hung out five deep on that bend and soon regressed to the tail of the field.

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View From The Eighth Pole: The Kentucky Derby And The American Dream

America remains the land of opportunity. It's why so many of our ancestors came to this country. It's also why our southern borders are experiencing a humanitarian crisis with thousands upon thousands of people from impoverished countries seeking asylum here.

It's what historian James Truslow Adams wrote about in his 1931 bestseller, The Epic of America, coining the phrase “the American Dream.” This came at a time when the world's economy had plunged into the Great Depression, when authoritarianism was growing in Europe, and there were concerns about the same thing happening in the United States.

“The American Dream,” Adams wrote, “is that dream of a land in which life should be better and richer and fuller for everyone, with opportunity for each according to ability or achievement. … It is not a dream of motor cars and high wages merely, but a dream of social order in which each man and each woman shall be able to attain to the fullest stature of which they are innately capable, and be recognized by others for what they are, regardless of the fortuitous circumstances of birth or position.”

The results from the 149th running of the Kentucky Derby encapsulate that dream.

Mage, the Kentucky Derby winner, is trained by Gustavo Delgado, a native of Venezuela who watched Canonero II come to the U.S. from Venezuela to win the first two legs of the 1971 Triple Crown and create such a sensation that a record crowd turned out at Belmont Park for what ultimately would be a failed attempt to win the Belmont Stakes.

His son, Gustavo Jr., recalled growing up in Venezuela decades later when horse people were still talking about Canonero – especially his father, one of the country's top trainers. “I remember when I was a kid,” he said, “because when he was successful down in Venezuela, he would always tell me, 'One day, we should go to the States and win one of those races.'”

With Venezuela's economy in shambles and its racing industry teetering on the brink, Delgado left his home country for South Florida, where many other Venezuelans have taken up residence. He enjoyed success, though nothing like in his home country, but now has achieved the dream that few horsemen ever realize.

Mage's groom, Moises Morales, came to America at 17 in search of a better life, too. A native of Chihuahua, Mexico, he entered the country illegally 46 years ago, found work at the racetrack, eventually got his immigration paperwork in order and now is a U.S. citizen. Morales spent 10 years working for Hall of Fame trainer Bill Mott before joining Gustavo Delgado's stable at Gulfstream Park, where he lives with Nancy Duarte, his wife of 38 years.

And then there's Mage's Hall of Fame rider, Javier Castellano the son of a jockey in Venezuela who was encouraged by another Venezuelan reinsman, Douglas Valiente, to give the United States a try when he was just getting his career started.

“Douglas Valiente rode in Florida and was a leading rider at Gulfstream around 1990,” Castellano recalled. “He saw my talent and told me about the United States. Everybody has a dream to come here. It is the best country in the world. Like any immigrant you want a better life, a better position in life.”

Castellano had some help in getting his papers in order when he came to the U.S. in July 1997. He was 19, had little money, didn't know anyone in Florida, and spoke no English. When he arrived at Miami International Airport he found a taxi and handed the driver a note an owner in Venezuela had given him. It read: Holiday Inn/Calder Race Course.

The cabbie drove young Javier around in circles, running up the meter to nearly $100 for the 17 mile ride. When he finally got to the hotel, where he was had been told the rooms had balconies  overlooking the racetrack, he checked in to find his room overlooking a busy expressway.

“I was so depressed,” he said.

He soon found out it was the hotel's smoking rooms that overlooked the track, while the non-smoking one that he got was on the freeway side. Once he saw how close he was to Calder, he said, he felt a lot better.

He can laugh about it now because he's come so far: four Eclipse Awards (2013-'16), Hall of Fame induction, over $382 million in mount earnings (second all-time behind John Velazquez), a dozen Breeders' Cup victories, two Preakness wins, and now, at long last, a Kentucky Derby. Still missing, he said, is a win in the Belmont Stakes at his home track in New York.

“God is good,” Castellano said. “He has blessed me. I have a wonderful family. It's a gift that I won the Derby.”

The American Dream is alive and well.

That's my view from the eighth pole.

 

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