An attorney for the Horseracing Integrity and Safety Authority this week asked a federal appeals panel to override a ruling declaring the entity’s basic law unconstitutional, citing a recent law amendment. .
A letter signed by Pratik A. Shah on December 29 on behalf of HISA formally informed the three-judge panel “that on December 23, the National Assembly passed and on December 29, the President Biden signed into law an amendment” that gives the Federal Trade Commission more authority to regulate the Authority.
The Fifth Circuit Court of Appeals, based in New Orleans, declared the law formally unconstitutional for failing to give the FTC adequate oversight of the Agency, a private entity established by law.
“Accordingly, the panel opinion—based on an older version of the Act that no longer exists—must be dropped pending further processing of this appeal,” Shah’s letter noted, It also added that the Agency will submit a formal motion to rescind the panel’s opinion and an accompanying motion to rehear the case on March 3. first.
Another Cincinnati-based court of appeals, the 6th Circuit, is considering another challenge to the constitutionality of HISA but has not yet ruled. On December 30, the court notified the parties to submit additional summaries of the amendment by January 12.
The Fifth Circuit Challenge for HISA is presented by the National Horsemen’s Protection and Benevolence Association and its state affiliates. The state of Oklahoma and others initiated the Sixth Circuit lawsuit.
