The law on the safety of horse racing is recognized as unconstitutional
2022.11.18 15:40
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The law on the safety of horse racing is recognized as unconstitutional
Budrigannews.com – A law designed to make horse racing safer by creating and enforcing national rules governing drug use and treatment of animals is “virtually unconstitutional,” Louisiana State Police said.
The Horse Racing Integrity and Safety Authority (HISA) will meet with Congress in 2020 to replace the patchwork of state-by-state regulations that followed a series of high-profile doping scandals and horse deaths that rocked the industry.
HISA was challenged in court by several horse racing associations, claiming officials in Texas, Louisiana and West Virginia, as well as authorities under the jurisdiction of the Federal Trade Commission (FTC) had insufficient oversight.
“The Cardinal’s constitutional principle is that federal power can only be exercised by the federal government. Private companies can do so only if they are subordinate to the agency,”” said the U.S. Court of Appeal for the Fifth Circuit.””
“But the authority is not subordinate to the FTC. The opposite is true. The final decision on the HISA program will be given, not the FTC.
“Therefore, we declare that HISA is unconstitutional in that sense,” the 3 Judge’s ruling concluded.
HISA officials said they were disappointed with the decision and would seek further review of the case.
Charles Scheeler, chairman of the HISA Board, said: “If today’s ruling is passed, it will not take effect until as early as 2023/1/10.”
“We are committed to providing critical “safety and integrity protection for Thoroughbred racing, including the launch of the HISA Anti-Doping and Drug control program in 2023/1/1.”
Supporters of the law, which was passed with bipartisan support, said they also wanted to sue the case.
“In the course of the three meetings, a bright legal mind on Capitol Hill addressed the constitutionality of the Horse racing integrity and Safety Act and ultimately determined that limited oversight of the FTC was sufficient.”
“The only way for the industry to survive is because of the new law to win the protection of our iconic American horses, and if so, US horse racing can soon follow the path of Greyhound Racing and the Ringling Brothers and Burnham & Bailey Circus.”””
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