The amicus brief contends that HISA amounts to a private club having governmental powers, and thus is unconstitutional.

The six filing states are: Ohio, Alaska, Arkansas, Idaho, Mississippi, and Nebraska.

They join Oklahoma, West Virginia, and Louisiana, along with the United States Trotting Association, several state racing commissions, the Oklahoma Quarter Horse Racing Association, several Native American-owned race tracks, and Hanover Shoe Farms, Inc.

Read more at harnesslink.com.

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Judge Carol Bagley Amon issued the order Wednesday in the United States District Court, Eastern District of New York.

“The request for permission to file an amicus brief [14] is GRANTED in part,” the order reads. “The Jockey Club may file its proposed amicus brief. The brief must be filed no later than June 30, 2021, or it will not be considered.”

Baffert is seeking to overturn the ban imposed upon him by NYRA on May 17 after Medina Spirit (Protonico) tested positive for Betamethasone in this year's GI Kentucky Derby.

On June 14, Baffert filed a civil complaint against NYRA, alleging that the association's ban violates his Fourteenth Amendment constitutional right to due process. He is seeking a preliminary and permanent injunction ordered against NYRA to prevent his further banishment from those tracks, claiming that if that does not happen, he will suffer immediate and irreparable harm.

In a June 22 letter to the court, Susan Phillips Read, an attorney for The Jockey Club, asked for permission to file an amicus brief. She indicated in the letter that The Jockey Club may be able to provide the court information which it may not be able to obtain elsewhere, though what that information was is unclear.

TJC, through its wholly-owned subsidiaries and Thoroughbred Safety Committee, has access to information not necessarily available to the parties,” Read wrote.

An amicus brief or curiae–literally `friend of the court'–is filed by a person or party with a strong interest in the matter who is not a party to the action.

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(An amicus brief is provided by a person or entity who is not a party to a case who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case.)

Following the announcement that Kentucky Derby winner Medina Spirit tested positive for betamethasone, and considering a spate of recent positive tests from Baffert's barn, the New York Racing Association announced last month a ban of trainer Bob Baffert from racing or stabling at any of its tracks. Baffert and his lawyer responded by filing a civil suit claiming NYRA does not have the legal authority for a suspension.

“Further, TJC, through its wholly-owned subsidiaries and Thoroughbred Safety Committee, has access to information not necessarily available to the parties,” Read added.

Read more at bloodhorse.com.

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The brief lays out the reasons why HISA is necessary to protect and preserve the future of horse racing, deliberations in Congress over the course of several years that included input from all sectors of the horse racing industry–which resulted in broad, bipartisan support for the bill–and the reasons why HISA is, in fact, constitutional. HISA was signed into law by President Trump in December 2020.

“The National Thoroughbred Racing Association (NTRA) commends Sen. McConnell, Rep. Barr and Rep. Tonko for their forceful defense of the Horseracing Integrity and Safety Act of 2020,” said NTRA President and Chief Executive Officer Alex Waldrop. “The need for a national body to enforce stringent integrity and safety standards for Thoroughbred racing has never been greater. Organizations and individuals representing virtually every segment of our industry are committed to working cooperatively with the HISA Authority and its standing advisory committees to assist the Authority in carrying out its federal mandate to propose to the Federal Trade Commission for that agency's adoption an innovative, affordable federal regulatory system that prioritizes first and foremost the safety of horse and rider and the integrity of our sport.”

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“The Chamber takes this unusual step out of genuine concern that the Court may have abandoned long-standing doctrines of statutory construction, strayed from its usual adherence to precedent, and reached a conclusion that could be potentially devastating to the horse industry and thereby Kentucky's economy,” wrote Louisville-based attorney Virginia Hamilton Snell on behalf of the Kentucky Chamber in the motion for leave to file.

The Supreme Court issued an opinion in September stating that historical horse racing machines – which have created a major source of revenue for Kentucky's signature equine industry in recent years – did not meet the legal definition of pari-mutuel wagering and are thus prohibited by state law.

“The equine industry is not only a major economic driver responsible for thousands of Kentucky jobs, it's also part of our identity,” said Kentucky Chamber of Commerce President and CEO Ashli Watts. “Introduction of historical horse racing has allowed the industry to thrive, creating more jobs and generating hundreds of millions of dollars of investment in the Commonwealth. To shut these machines down would be a major blow to a signature industry and result in more layoffs for Kentuckians in the midst of a global pandemic.”

Historical Horse Racing operators are expected to submit a petition for reconsideration in the coming days to the Supreme Court before a final ruling is issued.

Click here to view the full amicus brief

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