A major legal challenge to the Equestrian Integrity and Safety Act now has only one path left as the Sixth Circuit Court of Appeals has announced that it will not conduct a broader review of the law. This.
The Court of Appeals on May 18 rejected a motion to request a hearing before the full list of Sixth Circuit appellate justices, upholding an opinion made earlier this year by a panel. A panel of three judges declared the act constitutional.
The next meaningful step for challengers to HISA, the State of Oklahoma, and other states is to apply to the U.S. Supreme Court for what is known as a certification order. If the petition is approved, the high court will consider appealing the Sixth Circuit ruling. However, a refusal will render the opinion of the Sixth Circuit final.
The Fifth Circuit Court of Appeals, which previously declared HISA unconstitutional, will review the matter several months after Congress amends the underlying law designed to address that court’s concerns. The amendment gave more authority to an agency, the Federal Trade Commission, to oversee the regulatory activities of the Equestrian Integrity and Safety Authority, a private company incorporated under federal law. head.
The Sixth Circuit considered the amendment before issuing a ruling. An order filed today said: “No judge has asked the entire panel to vote on a retrial proposal.”
