The Fifth Circuit Court of Appeals, which in November ruled the Horse Racing Integrity and Safety Act unconstitutional, denied a December 15 request by the states and racing commissions of Louisiana and West Virginia to issued a decision effective December 19. The final outcome of enforcement of the lower court’s ban on HISA could be delayed for months.
The two-line order denying the request was issued on December 16 by the same three Fifth Circuit judges who overturned the Texas federal district court’s ruling in favor of HISA. The lower court order against HISA was made by a federal district court in Louisiana, also in the Fifth Circle.
Fifth Circuit’s anti-HISA decision cannot be made effective unless and until a mandate is issued. An American Bar Association publication states, “At its most basic, a power of attorney is the means by which an appeals court ends an appeal.”
HISA and the Federal Trade Commission, both of which were affected by the Fifth Round decision, still have time to seek various mitigations from the Fifth Round decision, including including requesting an “en banc” hearing by the full panel of judges including the fifth round. According to the ABA source, when requesting an en banc review, the task delay is automatic by regulation.
“If the Defendants-Appellants really want a rehearing, the task will be adjourned — possibly for months,” the losing attorneys wrote.
