After numerous delays due to court orders and their own options, the Equestrian Integrity and Safety Authority is ready to join its full enforcement powers for anti-doping and drug control on the 22nd. May. This is a summary of the current status of various legal challenges to HISA, all pending in the federal court system.
Friday Circuit Court of Appeals
A three-judge panel of the Cincinnati-based Sixth Circuit Court of Appeals in early March upheld the constitutionality of HISA after Congress amended the basic law, affirming the federal district court’s decision. state in Lexington achieved similar results before the amendment. The states of Oklahoma, West Virginia, Louisiana and other plaintiffs requested a review of the case in April. That type of review is rare and must be agreed upon by a majority of active judges. There has been no ruling on the request yet, but if the request is denied, the plaintiffs have one remaining relief route: the U.S. Supreme Court.
Fifth Circuit Court of Appeals – Texas Cases
A case that originated in the Northern District of Texas has gone up and down the ladder with the New Orleans-based Fifth Circuit Court of Appeals and it will keep coming back. Federal District Judge James Wesley Hendrix initially ruled HISA constitutional after a complaint by the National Horsemen’s Protection and Mercy Association and its affiliated HBPAs. On appeal, the Fifth Round reversed, finding the regulatory scheme to be unconstitutional on its surface. The Court of Appeals held that no legal interpretation could save HISA because the Agency, a private nonprofit corporation, is not part of a federal government agency, in this case the Federal Trade Commission. state.
The Congressional amendment cited above follows, saying that the FTC can amend, add to, or repeal the HISA rules. The fifth lap then kicks the ball back for Hendrix to decide what’s all. He ruled last Friday, an amendment that fixed the issue brought about by the Fifth Round ruling. In doing so, Hendrix denied the request for a preliminary injunction against HISA. Despite the ruling, the plaintiffs requested a pending appeal order on Monday. Assuming that petition is denied, the plaintiffs will appeal to the Fifth Circuit, where they will seek an injunction as well as another determination that HISA is unconstitutional.
A second case filed in Texas called Gulf Coast Racing LLC, et al versus HISA, et al was merged into the case handled by Hendrix. These cases are on the same track now.
5th Circuit Court of Appeals – Louisiana Case
This is a case where Judge Terry Doughty has issued a preliminary order in favor of Louisiana, West Virginia plaintiffs and individual plaintiffs including the Jockeys Association until the association withdraws from the case. This case is based on an alleged violation of the federal Administrative Procedure Act, not a constitutional matter. After the 5th Round ruling found HISA unconstitutional, Doughty’s ban remained in effect and HISA rules were not enforced in Louisiana and West Virginia.
Currently, the parties are in dispute over whether several additional plaintiffs from different states were inappropriately included in the case. In theory, adding those plaintiffs could form the basis for expanding the scope of the ban to more states. But will Doughty do it, given the decisions of the Sixth Court and Judge Hendrix?
United States District Court for the Eastern District of Arkansas
This case was filed against HISA in Arkansas by the Iowa Horsemen’s Protection and Benevolence Association and others. The federal district courts in Arkansas and Iowa both operate under the umbrella of the 8th Circuit Court of Appeals. Not much has happened yet. The plaintiffs filed their request for the Preliminary Injunction on April 11. The time for responders to respond to the lawsuit was recently extended to May 15, and defendants have until May 16. 6 to respond to a complaint.
United States District Court for the Western District of Oklahoma
Filed March 29 by 15 individuals described as “mostly thoroughbred racehorse owners, trainers and veterinarians in Oklahoma”, a petition for a temporary injunction The emergency was filed, but it was withdrawn at the request of the plaintiffs on April 3. There has been no significant activity in the case since.
Summary
HISA opponents’ chances of being reconsidered by the Supreme Court could be reduced if they were to go 0-2 in the Fifth and Sixth Rounds, but if the Fifth Round splits with the Sixth Round, a Classic due to high court review will arise.
