Among the key rulings from the last seven days, trainer Jimmy Corrigan has been provisionally suspended as a result of his trainee, Stay Lost–who won at Belterra Park on Oct. 7 last year–testing positive for Methamphetamine.

HISA currently lists Methamphetamine–a common human recreation drug–as a banned substance, which comes with a possible two-year suspension. With banned substances under HISA, responsible parties are subject to a provisional suspension, prior to a full hearing, if the B sample confirms the positive test result from the A sample.

As part of a list of proposed rule changes before the Federal Trade Commission (FTC), drugs like Methamphetamine could be re-categorized as human substances of abuse.

If the FTC accepts this rule change, the trainer could still possibly face a provisional suspension for a “human substances of abuse” violation, if the B sample analysis confirms the original positive test result.

“However, the trainer would not be subject to a suspension of more than 60 days (for a first violation) if HIWU accepts that the positive test was more likely than not the result of unintentional transfer or contamination,” wrote a Horseracing Integrity and Welfare Unit spokesperson.

NEW HISA/HIWU STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity and Welfare Unit's (HIWU) “pending” and “resolved” cases portals.

Resolved ADMC Violations

Date: 08/16/2023

Licensee: Robert Leaf Jr., trainer

Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points. Final decision by internal adjudication panel.

Explainer: For the presence of Phenylbutazone–Controlled Medications (Class C)–in a sample taken from Laddie Dance, who won at Delaware Park on 8/16/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/29/2023

Licensee: Lacey Gaudet, trainer

Penalty: A fine of $3,000; imposition of 3 Penalty Points. Final decision by HIWU.

Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method–on the horse, Graceful Union. This was also a possible violation of Rule 4222–Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 11/14/2023

Licensee: Robert Lucas, trainer

Penalty: A fine of $500; imposition of 1.5 Penalty Points. Final decision by HIWU.

Explainer: For the presence of Dexamethasone–Controlled Medication (Class C)–in a sample taken from Shake N Fries. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/21/2023

Licensee: Webster Gayle, trainer

Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points. Final decision by HIWU.

Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Tankinator, who finished sixth at Delaware Park on 10/21/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Pending ADMC Violations

Date: 12/08/2023

Licensee: Kevin Martin, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Strings. This was also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 12/06/2023

Licensee: Patricio Venzor (listed on Equibase as owner, listed on the HISA portal as trainer)

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Phenylbutazone–Controlled Medication (Class C)–in a sample taken from Desert Danger. This was a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 12/03/2023

Licensee: Angel Sanchez-Pinero, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Glycopyrrolate—Controlled Medication (Class C)—in a sample taken from Le Vin, who finished second at Laurel Park on 12/3/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/25/2023

Licensee: Jesus Romero, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Diclofenac–Controlled Medication (Class C)–in a sample taken from Blake B, who won at Aqueduct on 11/25/23. This was a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 12/01/2023

Licensee: Steve Miyadi, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Dimethylsulfoxide—Controlled Medication (Class C)—in a sample taken from Dorie Miller, who won at Golden Gate on 12/1/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/25/2023

Licensee: Jaime Ness, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Glycopyrrolate–Controlled Medication (Class C)–in a sample taken from Ournationonparade. This was a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/21/2023

Licensee: David Meridyth, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Omeprazole—Controlled Medication (Class C)—in a sample taken from Wild Firewater, who won at Zia Park on 11/21/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 11/17/2023

Licensee: Amador Sanchez, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Soy Una Dama, who won at Gulfstream Park on 11/17/23. This was a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/07/2023

Licensee: Jimmy Corrigan, trainer

Penalty: Provisionally suspended

Alleged Violation: Medication violation

Explainer: For the presence of Methamphetamine—a banned substance—in a sample taken from Stay Lost, who won at Belterra Park on 10/7/23. This was a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Violations of Crop Rule

One important note: HISA's whip use limit is restricted to six strikes during a race.

Golden Gate Fields

Jose Carlos Montalvo–violation date Dec 26; $250 fine, one-day suspension

Santa Anita

Edwin Maldonado–violation date Dec 26; $250 fine, one-day suspension, one strike over the limit

Jose Verenzuela–violation date Dec 31; $500 fine, one-day suspension, five strikes over the limit

OTHER KEY RULINGS

The TDN also publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

California

Track: Santa Anita

Date: 12/30/2023

Licensee: Umberto Rispoli, jockey

Penalty: Four-day suspension

Violation: Careless riding

Explainer: Jockey Umberto Rispoli, who rode Mo Fox Given in the fifth race at Santa Anita Park on December 29, 2023, is suspended for FOUR (4) racing days (January 6, 7, 12 and 13, 2024) for failure to make the proper effort to maintain a straight course in the stretch, causing interference; a violation of California Horse Racing Board rule #1699 (Riding Rules-careless riding–second offense in the last sixty (60) days).

The post Weekly Stewards And Commissions Rulings Dec. 26–Jan. 1 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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The Horseracing Integrity and Safety Authority (HISA) has submitted proposed rule changes to its Racetrack Safety Program to the Federal Trade Commission (FTC) for review. A red-lined document noting these proposed changes is available here. The FTC will subsequently post the proposed rules to the public register for public comment.

Until changes to the rules are approved by the FTC, the previously approved version of HISA's Racetrack Safety rules, which took effect July 1, 2022, will remain in place. Those rules are available in full on HISA's Regulations Page.

HISA's proposed changes to the Racetrack Safety rules were developed after months of dialogue with and feedback from racing participants across the country, including HISA's Horsemen's Advisory Group. During this time, the proposed rules were shared with industry members for two rounds of informal comments and published on HISA's website for additional industry input. All in, HISA's Racetrack Safety Committee received, reviewed and considered more than 600 comments from racing participants. The proposed changes submitted to the FTC today were reviewed and approved by HISA's Racetrack Safety Committee and full Board of Directors.

When and if these rule changes are approved by the FTC, HISA will undertake robust educational efforts to ensure horsemen nationwide are fully aware of these changes and well-equipped to comply with them before they go into effect.

The post HISA Submits Proposed Racetrack Safety Rule Changes to FTC for Approval appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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However, U.S. District Court (Western District of Louisiana) Chief Judge Terry Doughty wrote in his Sept. 14 ruling that, “This Order shall not be considered a dismissal or disposition of this matter,” and that he was halting the case while the Fifth Circuit decision played out “without prejudice to the right of the parties to reopen the proceedings.”

This means the plaintiffs (the two states are joined by the Louisiana racing commission, the Louisiana HBPA, the Louisiana Thoroughbred Breeders Association, West Virginia's racing commission, and five individuals regulated as “covered persons” under HISA) and the defendants (the HISA Authority, the Federal Trade Commission [FTC], plus overseers of both entities) must now await the decision–likely to be issued months from now–that will result from the Fifth Circuit oral arguments scheduled Oct. 4.

In 2 1/2 weeks, the National HBPA and 12 of its affiliates will be trying to prove claims that the 2022 rewrite of the HISA law remains “patently unconstitutional,” and that the Authority overseeing the sport “is basically a private police department” whose sweeping powers equate to “oligarchic tyranny.”

The HISA Authority and the FTC will go into those same arguments backed by a lower court's opinion issued in May that ruled HISA is indeed constitutional, because “Congress cured the unconstitutional aspects of HISA's original approach.”

It's also on the judicial record that the U.S. Court of Appeals for the Sixth Circuit upheld the constitutionality of HISA back in March.

One day prior to Judge Doughty's ruling, Magistrate Judge David Ayo wrote in a report that recommended staying the Louisiana case that the multiple, overlapping anti-HISA lawsuits currently swirling in the court system are clogging federal dockets.

“After an exhaustive review of the landscape of suits challenging the Act, this Court concludes that [an amended complaint the plaintiffs had filed] is the result of deliberate strategy” that equated to “an abuse of procedure and an impermissible use of judicial resources,” Judge Ayo wrote in his Sept. 13 report.

The original lawsuit in this case was filed June 29, 2022, alleging that HISA violates the Fourth, Seventh and Tenth Amendments to the U.S. Constitution, plus the Administrative Procedure Act, which governs the process by which federal agencies develop and issue regulations.

The post Judge Halts Anti-HISA Suit in Louisiana Pending Outcome of HBPA Case in U.S. Appeals Court appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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What stood out was that neither the HISA Authority nor the FTC shied from trying to link the NHBPA's desire to maintain the “status quo” to the grim headlines that have dominated the sport over the past week.

“Seven horses died in the lead up to last weekend's [GI] Kentucky Derby,” the FTC's opening line in the May 11 filing stated. “Reporters, not mincing words, observed that the accidents 'overwhelmed' the [D]erby with 'the stench of death.' Congress passed HISA in 2020 to protect horses and prevent these kinds of tragedies, but the Horsemen Plaintiffs have repeatedly challenged the statute and the FTC's implementing rules.”

Drawing similarly from recent adverse events, the HISA Authority's response referenced a May 9 New York Times story that broke the news of Forte's failed New York State Gaming Commission drug test that ran under the sub-headline, “Horse racing is again caught up in a controversy.”

The HISA Authority alleged that, “Plaintiffs' request for 'state regulation' to forestall the federal regulatory scheme Congress mandated would plunge the industry back into the 'existential crisis' of inconsistent regulation [and] recent headlines provide fresh reminders…”

United States District Court Judge James Wesley Hendrix of the Northern District of Texas (Lubbock Division) will now have to weigh those assertions against those filed by the NHBPA in its May 5 request for the ADMC injunction.

The lawsuit initiated by the HBPA to try and derail HISA on alleged anti-constitutionality grounds is now past the two-year mark. The thrice-delayed ADMC is on target to begin in 10 days.

On Mar. 15, 2021, the NHBPA and 12 of its affiliates sued the FTC and HISA Authority personnel, seeking to permanently enjoin the defendants from implementing HISA, bringing claims under the private-nondelegation doctrine, public nondelegation doctrine, Appointments Clause, and the Due Process Clause.

Judge Hendrix dismissed that suit on Mar. 31, 2022. But the NHBPA plaintiffs appealed, leading to a Fifth Circuit Court reversal on Nov. 18, 2022, that remanded the case back to the Lubbock Division. In the interim, an amended version of HISA was signed into law Dec. 29, 2022. That fix was designed to make HISA compliant with the constitutional defects the Fifth Circuit had identified.

On May 6, 2023, Hendrix validated the newer version of HISA as constitutional. Now the NHBPA is planning another appeal back to the Fifth Circuit, and it wants the ADMC's rollout stopped while that process plays out.

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

“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 [some future date when] they go out of effect again if the Fifth Circuit finds the amended law unconstitutional.”

Hendrix, in a May 8 order, told the HISA Authority and the FTC that they had to reply to the NHBPA's motion for an injunction within 72 hours, signaling that he did not plan to let this decision linger.

“Plaintiffs are neither entitled to that relief nor to any other remedy,” the FTC's May 11 filing stated. “And the equities–both equine and otherwise–point decidedly against Plaintiffs.”

The FTC alleged that it “makes no difference that Plaintiffs previously prevailed on their nondelegation challenge before Congress amended HISA. And they do not argue about their chance of success on any of their other theories…. Because Plaintiffs stand almost no chance of success, their motion for a stay should be denied on that basis alone.”

The HISA Authority's filing put it this way: “Congress, the Executive, and both federal courts [have] come to the same correct conclusion: the Act is now constitutional. The HBPA Plaintiffs nevertheless ask for the extraordinary relief of an emergency nationwide injunction pending appeal…

“While Plaintiffs' speculation about irreparable harm from the ADMC rules is at best conflicted, an injunction of the ADMC rules would inflict certain injury on Defendants and the public interest,” the HISA Authority's filing stated.

“These final two factors weigh heavily against halting a federal regulatory scheme that has long been planned and that enjoyed substantial compliance in its brief initial rollout…”

“Because Plaintiffs have not shown that their appeal has substantial merit (let alone a likelihood of success) and have not demonstrated that the balance of equities tilts in their favor at all (let alone heavily), the Court should deny Plaintiffs' motion for an injunction pending appeal,” the HISA Authority's filing stated.

The post HISA, FTC Link Grim Headlines to HBPA’s Desire for ‘Status Quo’ appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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The case, Bill Walmsley, et. al. v. Federal Trade Commission, was filed in United States District Court for the Eastern District of Arkansas.

“Congress cannot outsource regulatory authority to a private organization–unaccountable to the American people–that has the power to create rules, levy fines, and adjudicate disputes,” said John Kerkhoff, an attorney at Pacific Legal Foundation. “The Horseracing Integrity and Safety Authority plainly violates the separation of powers embodied in our Constitution.”

The Pacific Legal Foundation is a conservative non-profit legal organization that describes itself as defending “Americans threatened by government overreach and abuse.” They say they are fighting the case in court at no charge.

The FTC has been at the center of recent battles between the National HBPA and other horsemen's groups and the implementation of the Horse Racing Integrity and Safety Act. On November 18, 2022, the United States Court of Appeals for the Fifth Circuit ruled that HISA was unconstitutional because it “delegates unsupervised government power to a private entity,” thereby violating the private non-delegation doctrine.

On December 29, 2022, Congress passed a so-called “HISA fix” that tweaked the law by giving the FTC limited ability to modify Authority rules. As a result, the Authority resubmitted the medication control rules and issued a public statement saying they were hopeful and optimistic that they would be able to implement them around mid-March. And in fact, due to the resubmitted rules giving the FTC more authority, the United States Sixth Circuit upheld the constitutionality of HISA and its Anti Doping and Medication Controls went into effect March 27. But just last Friday, horsemen had another court victory when a federal judge in Texas delayed the implementation for 30 days due to a violation of the Administrative Procedures Act, which requires most rules to be published for 30 days before their implementation. The ADMC is currently scheduled to go back into effect on May 1.

Friday's press release from the NHBPA reads:

“HISA is a private nonprofit organization. But the Constitution does not permit unaccountable, private actors to wield regulatory authority. Regulators must be accountable to the people, through their representatives in government. The Constitution ensures this by requiring that officers of the United States be appointed by the president or head of an executive department.

In fact, HISA violates the separation of powers in myriad ways:

1. It violates the principle of nondelegation. Congress cannot delegate its power to make the law — especially to a private organization that is not accountable to the president.

2. It violates the Appointments Clause. The Constitution requires that regulations be approved by officers of the United States, and that those officers be nominated by the president and confirmed by the Senate. The members of HISA are not officers of the United States; they are not nominated by the president, and they are not confirmed by the Senate.

3. It violates due process, by requiring that industry participants — owners, trainers, racetrack owners, and others — regulate and oversee their competitors. In practice, HISA is controlled by large industry players.

4. It violates Article III by assuming judicial powers to adjudicate disputes and impose fines. HISA doesn't have to make its case in federal court. Instead, it only needs to convince its in-house tribunal, and appeals go to HISA itself. At no point do the accused have the benefit of meaningful judicial review.”

Somewhat more dramatically, Pacific Legal Foundation's website reads, “The Horse Act's penalties and onerous testing and safety standards could very well force people like Bill (Walmsley) and Jon (Moss), who are not among horseracing's elite or wealthy, out of the sport altogether.”

The PLF says that it has won 15 of the 17 cases it has brought before the Supreme Court, typically fighting against `government overreach' by entities such as the EPA's Clean Water Act, the National Forest Service, and affirmative action.

The post Bill Walmsley, Iowa HBPA File Suit Against FTC Over HISA appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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“Defendants suggest that Plaintiffs engage in something sinister by seeking amendment to request expanded relief,” stated the Mar. 27 memorandum filed in United States District Court (Western District of Louisiana). “But parties across the country routinely amend to seek expanded relief without issue.”

Back on Feb. 6, the plaintiffs filed an amended complaint to their original June 29, 2022, lawsuit, with the chief changes involving the addition of 14 new individual Horsemen's Benevolent and Protective Association (HBPA) affiliates, plus a wide swath of states, racing commissions, and individual racetracks.

Then, in a Mar. 6 motion, the HISA defendants asked the judge to strike that amended complaint on the basis that adding a “vast number” of organizations and states as new plaintiffs constituted an allegedly “blatant attempt” at “gamesmanship” and “shotgun” litigation.

The plaintiffs' Mar. 27 filing disputed those characterizations and argued for the amended complaint to proceed.

“Defendants' motion is unwarranted and amendment is proper as a matter of right at this early stage in the case,” the plaintiffs' filing stated.

“Leave to amend is also proper to allow parties who have been waiting for months to participate in this litigation to seek redress. [The amended version] both addresses HISA rules approved after Plaintiffs filed the initial complaint and adds more parties who have suffered harm from those rules,” the memorandum stated.

“Procedural squabbles aside, [the HISA Authority's] unlawful regulations pose a litany of issues requiring redress,” the plaintiffs stated.

The post Plaintiffs in Louisiana Lawsuit Make Case for Allowing Amended Complaint appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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In order to be in full compliance with the Racetrack Safety and Registration rules:

-Covered Persons must ensure that they and their Covered Horses are registered in the HISA Portal,
-Covered Persons must ensure that they have paid any overdue fines issued to them, and
-Jockeys must have the dates of their most recent baseline concussion test and physical examination entered into the HISA portal, and those dates must fall within the last 12 months.

In addition to HISA's use of can't-race flags beginning on Mar. 27, HISA's Anti-Doping and Medication Control (ADMC) Program is also expected to launch that day pending final approval of the ADMC rules by the Federal Trade Commission (FTC). This will mean that all of HISA's ADMC, Racetrack Safety and Registration regulations are expected to be in full effect as of Mar. 27, 2023.

“Mar. 27, 2023 will truly be the start of a new era in Thoroughbred racing,” said HISA CEO Lisa Lazarus. “An added level of enforcement of our Racetrack Safety and Registration rules, coupled with the launch of our ADMC Program, will be a clear sign to all that the racing industry is taking equine wellbeing and rider safety incredibly seriously. I am grateful for the high level of engagement and compliance we've seen with our Racetrack Safety and Registration rules since they went into effect on July 1, 2022, and I hope that the use of can't-race flags serves as one more mechanism to ensure uniformity and compliance across the country as we continue our implementation process.”

The post HISA to Begin Using Can’t-Race Flags Beginning March 27 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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The post Okay, I Do appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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The Federal Trade Commission (FTC) has published the resubmitted Horseracing Integrity and Safety Authority (HISA) Anti-Doping and Medication Control (ADMC) rules to the Federal Register, initiating a 14-day public comment period, according to a press release from HISA Friday morning. The FTC now has 60 days to approve or deny the proposed rules.

HISA's draft ADMC rules were initially rejected by the FTC in late 2022 due to ongoing legal uncertainties. HISA resubmitted the rules for consideration by the FTC to give the agency more authority over HISA in order to address constitutional questions raised by the Fifth Circuit Court of Appeals. That bill passed both houses of Congress in December and was signed into law by President Biden.

Now that the rules have been resubmitted and posted to the Federal Register, HISA said that they anticipated that its ADMC Program would go into effect March 27, 2023, pending FTC approval. The resubmitted rules include a small number of minor revisions from the version submitted in August, 2022. A clean version of the proposed rules is available on the Federal Register now and a red-lined version will be available on HISA's website within the next 48 hours, the Authority said. In its December, 2022 order, the FTC stated it would consider all previously posted comments on the Federal Register as well as any updated or new comments.

Upon implementation, the ADMC Program will be administered and enforced by the Horseracing Integrity & Welfare Unit (HIWU). The development of the ADMC rules included an initial public comment period, numerous open discussions and meetings with industry organizations and individuals, as well as the careful consideration of more than 200 comments submitted by racing participants and the general public.

Included in the rules package are the Equine Anti-Doping and Controlled Medication Protocol, the Prohibited List, Definitions, Arbitration Procedures, Equine Testing and Investigation Standards, and Equine Standards for Laboratories and Accreditation.

“The establishment of uniform, nationwide anti-doping rules in Thoroughbred racing will strongly enhance the safety and integrity of our sport and is a step many in our industry have long advocated for,” said HISA CEO Lisa Lazarus. “The health and safety of horses is our paramount concern, and the consistent enforcement and efficient resolution of rule violations will transform how we protect our equine athletes. We deeply value the input we've received from racing participants throughout the development of these rules, and I encourage all participants to continue to share their thoughts with us moving forward.”

HISA's ADMC Program will advance and modernize anti-doping practices across the sport with components including out-of-competition testing, uniform lab accreditation, a uniform results management process, a robust intelligence and investigations arm and consistent penalties.

As HIWU prepares for the ADMC Program's launch, the organization will continue to publish and share educational material with industry stakeholders, available at hiwu.org, and will host meetings with groups of racing participants to further educate on the new rules and answer questions.

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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 the new law (which amended the operative language of HISA) might affect the oral arguments both sides had made in the Sixth Circuit case Dec. 7.

Not surprisingly, the plaintiffs appealing the lower court's ruling–led by the states of West Virginia, Oklahoma and Louisiana–told the court that the anti-constitutionality claims are still relevant.

The defendants–primarily the HISA Authority and the Federal Trade Commission (FTC)–informed the panel of judges that the new law has smoothed over any alleged constitutional issues and paves the way for HISA to move forward.

“The recent amendment to HISA addresses only one of these many constitutional problems,” stated a joint brief filed by all of the plaintiffs, which also include the Oklahoma and West Virginia racing commissions, three Oklahoma tracks, the Oklahoma Quarter Horse Association, the U.S. Trotting Association, and Hanover Shoe Farms, a Pennsylvania Standardbred breeding entity.

“All of HISA's other constitutional defects, however, remain unremedied,” the plaintiffs contended.

The HISA Authority defendants saw it differently, writing that, “Congress's response obviates the principal basis for Plaintiffs' private nondelegation claim in this case, which is predicated on a prior version of HISA that no longer exists.”

In a separate brief, the FTC defendants put it this way: “Congress's recent amendment eliminates any doubt that the private Horseracing Authority 'function[s] subordinately' to the [FTC] in satisfaction of the private-nondelegation doctrine….Congress's grant of general-rulemaking authority to the [FTC] resolves the 'core constitutional defect' plaintiffs purported to identify in support of their private-nondelegation claim….”

The underlying case that the plaintiffs are trying to get overturned via appeal dates to Apr. 26, 2021, when they alleged in a federal lawsuit that “HISA gives a private corporation broad regulatory authority.”

On June 2, 2022, that claim was dismissed by a judge in U.S. District Court, Eastern District of Kentucky (Lexington) for failure to state a claim of action. The plaintiffs then appealed to the Sixth Circuit.

While that Sixth Circuit appeal was pending, the Fifth Circuit came out with its own decision in a similar case against HISA that was led by the National Horsemen's Benevolent and Protective Association (HBPA).

That Nov. 18 Fifth Circuit ruling stated that HISA is unconstitutional because it “delegates unsupervised government power to a private entity,” and thus “violates the private non-delegation doctrine.” The order remanded the case back to U.S. District Court (Northern District of Texas) for “further proceedings consistent with” the Appeals Court's reversal.

But in the interim after the Fifth Circuit ruled and the Sixth Circuit heard oral arguments, Congress in late December amended the operative language of HISA to fix the alleged constitutional defect the panel had identified, and President Biden signed the measure into law as a tiny part of a vastly larger year-end spending bill.

An expected Jan. 10, 2023, mandate issuance date for the Fifth Circuit to enforce its order, has come and gone without any directive from that court that seeks to enforce its anti-constitutionality ruling against HISA. So now the next major court decision on HISA's constitutionality is expected to come when Sixth Circuit issues its order.

The plaintiffs cited specifics about why they believed the new law doesn't alter HISA's alleged unconstitutionality.

“In particular, the FTC still lacks front-end ability to veto the Authority's proposals for policy reasons, a crucial power that the Securities and Exchange Commission (SEC) enjoys when reviewing proposed rules of the self-regulatory organizations that it supervises…” the brief stated.

“The amendment also continues to permit the Authority to exercise numerous executive powers without any supervision or control by the FTC,” the plaintiffs continued. “The Authority continues to have unfettered discretion to bring enforcement actions in federal court and expand HISA's regulatory scope to include any non-Thoroughbred horse breed.

“Finally, and crucially, the amendment does nothing to cure HISA's anticommandeering violation. HISA still pushes the costs of administering HISA onto the States by requiring them to fund the Authority's operations or lose the ability to collect fees for matters that the Authority isn't even regulating.”

The FTC brief also made a comparison between HISA and the SEC, but in a different light.

Because of the new law, the FTC brief stated, “the [FTC's] oversight power is 'now also materially identical' to that of the SEC, a statutory scheme that 'has been upheld against constitutional challenge on many occasions.'”

At a different point, the FTC wrote, “It is unclear whether plaintiffs will continue to press secondary arguments in support of their private-nondelegation doctrine claim. The government has explained either why those arguments fail on the merits, why plaintiffs lack…standing to press them, or both. If plaintiffs continue to urge their arguments despite Congress's amendment to the statute, the Court should reject them…”

The post Sixth Circuit Parties Argue Whether New HISA Law Renders Anti-Constitutionality Claims Moot appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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