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U.S. Supreme Court – edited

The legal fight over the constitutionality of the Horseracing
Integrity and Safety Authority will not be taken up by the U.S. Supreme Court
during the current term that ends in June, and there was no indication Monday if
or when the case finally may be heard.

During their last regularly scheduled Friday conference of
the current term, the nine judges did not add Federal Trade Commission v.
National Horsemen’s Benevolent and Protective Association to their list of
cases to be scheduled before their summer break. That list was posted Monday
morning on the Supreme Court website.

That means the dispute that has led to seven lawsuits and
conflicting opinions from two federal appeals courts will not be scheduled by
the Supreme Court before it reconvenes in October and probably will not be
argued before next year.

Representatives from HISA and the NHBPA said Monday morning they were
working on their public reactions to the high court’s decision to hurry up and
wait.

Since it is still possible the Supreme Court might decide
not to hear the case at all, it will continue to be business as usual for HISA.
It regulates the sport in every racing state except Louisiana, Nebraska, Oregon,
Texas, West Virginia and Wyoming. It also means more wrangling looms in lower courts
as each side tries to carve a bigger legal victory.

The FTC, which oversees HISA, asked the Supreme Court to
step in last year after judges in the Fifth Circuit ruled against the federal racing
authority, which was created four years ago and empowered in July 2022. In a suit
brought by the NHBPA as well as regulators and track operators in Oklahoma and Texas,
the appeals court based in New Orleans agreed that HISA was unconstitutional because it is a private company wielding federal power.

On the other hand, the Sixth Circuit Court of Appeals based
in Cincinnati heard similar arguments and ruled in favor of HISA nearly two
years ago.

The Supreme Court stepped in in October and granted the FTC
a stay order that kept HISA operating while it decided whether to hear the
full case. The Biden administration asked the court to hear arguments
and make a final ruling on the matter. The Justice Department has not weighed
in since President Trump was sworn back into office last Monday.

In their regular Friday conferences, Supreme Court justices
consider petitions brought before them that have not been scheduled or rejected. The results of those conferences are routinely posted the following Monday
morning.

Once it is through with its current term in late June or early July, the Supreme Court is not scheduled to reconvene until Oct. 6.