Uncertainty with regards to the Horseracing Integrity and Safety Authority has been abundant in horse racing since the Federal Trade Commission – the government agency that oversees the Authority – disapproved the HISA medication rules, citing legal uncertainties.
HISA's proposed medication rules will not take effect on Jan. 1, 2023, as previously scheduled, but the racetrack safety program will remain in effect until at least Jan. 10, 2023. Meanwhile, the individual state racing commissions remain in charge of their own medication programs.
Through all the continuing legal maneuvering, horsemen have been left wondering what will happen next.
According to the Thoroughbred Daily News, which spoke with constitutional law expert Lucinda Finley, Frank Raichle Professor of Trial and Appellate Advocacy, and director of Appellate Advocacy at the University of Buffalo Law School, there are several vital considerations when it comes to HISA's immediate future:
- First and foremost, the FTC will require an additional 60 days for public comment if and when HISA resubmits its medication rules for approval.
- Legislation that created HISA was ruled unconstitutional last month by the Fifth Circuit Court of Appeals in New Orleans, which reversed a lower court ruling in a lawsuit filed by the National HBPA and various affiliates. This ruling goes into effect Jan. 10, unless HISA receives a stay in court. While the ruling is only binding in the states of Texas, Louisiana, and Mississippi, HISA may suspend the racetrack safety program in all other states as well to avoid future litigation.
- The Sixth Circuit Court of Appeals in Cincinnati heard arguments concerning similar constitutional questions on Dec. 7, but it remains unclear when that court will issue a ruling. If the Sixth Circuit disagrees with the Fifth and rules HISA constitutional, the Supreme Court may have to get involved.
- A case in the U.S. District Court of Texas–Northern District, Amarillo Division–raises additional constitutional problems with the law. This case deals with not just HISA's executive authority, but also it's legislative and judicial authority. Any decision made by this court would then be raised to the Fifth Circuit Court of Appeals, which does have precedent with last month's ruling but a different panel of judges might make a different decision.
- Lawmakers may or may not insert language into the upcoming year-end spending bill which affords the FTC greater law-making authority. If they do, HISA could resubmit its medication rules to the FTC. This does not solve the Amarillo court problem.
- Kentucky lawmaker, Damon Thayer, is attempting to resuscitate law from 2011 that allows the state “to participate in an interstate compact, where a group of states can work together on laws pertaining to horseracing.” Thayer said: “I don't just want to be a critic of HISA. I want to be a critic of HISA who's offering another alternative.”
Read more at the Thoroughbred Daily News.
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