In an 8-1 ruling, the Supreme Court decided to hold a lower court’s ruling on horse track regulations pending the court’s decision to hear the case or not.

On Monday, the justices allowed the Horseracing Integrity and Safety Authority (HISA) to continue regulating national medication and anti-doping rules for horse races throughout the country, pending the lower court’s decision. Litigation brought by the state of Texas and other plaintiffs ruled the authority, a private group, was granted governmental power by Congress.

Justice Ketanji Jackson Brown was the lone dissenting voice. Her dissent stems from her belief that the HISA application fails to demonstrate any urgency that would warrant emergency relief.

“I see no reason for us to intervene in an emergency posture,” Jackson’s dissent reads.

The authority was established to create uniform safety standards across the United States racing industry. It plays a crucial role in overseeing the safety of both horses and jockeys. The sport, which generates $3.6 billion annually, according to Statista, has been under scrutiny for high-profile horse fatalities and inconsistent regulations across states.

Congress established HISA in 2020 to address these concerns, providing a national regulatory framework to ensure safer racetrack conditions and anti-doping standards.

Fully implemented in May 2023, HISA is under the Federal Trade Commission’s (FTC) oversight.

Last month, the Supreme Court temporarily blocked a ruling by the Fifth Circuit Court of Appeals that declared the HISA’s enforcement rules unconstitutional, preventing immediate disruption to the multibillion-dollar horse racing industry.

The Fifth Circuit ruled that HISA’s enforcement powers violated the private non-delegation doctrine, which limits Congress from delegating regulatory authority to private entities without sufficient oversight. The ruling, if allowed to take effect, could unravel the safety measures HISA has implemented since its inception.

The decision conflicts with a ruling from the Sixth Circuit Court of Appeals, which upheld HISA’s constitutionality after Congress amended the law to provide the FTC more oversight over the authority’s rulemaking. This judicial split raises significant constitutional questions and increases the likelihood that the Supreme Court will ultimately take up the case.

HISA, which is backed by the Biden administration and Senate Republican Leader Mitch McConnell, had looked for an emergency order from the Supreme Court.

McConnell and Representatives Paul Tonko and Andy Barr had filed an amicus brief supporting the Supreme Court’s decision to keep the lower court’s ruling.

“Thoroughbred racing has made great strides since 2019, when a series of equine fatalities threatened one of America’s oldest and most storied sports. The reason for these advances is HISA — bipartisan legislation, the work of many Congresses and of two Administrations, one of each party,” the brief reads. “Not only is HISA better for equine and human athletes; it is also constitutional.”

Racetracks in Texas and Louisiana had opposed the emergency appeal. The Supreme Court’s ruling to stay the Fifth Circuit’s mandate prevents the entry of further injunctions by the District Court.

The anti-doping program, which took effect in 2023, is an attempt to centralize horse drug testing and manage penalties. According to the lawyers for the authority in the court documents, the program has led to a 50 percent decrease in horse deaths at participating race tracks.

HISA supporters argue that the organization has been essential to safeguarding the industry’s future by reducing fatalities and improving the sport’s overall integrity. They highlight a 38 percent decline in equine fatalities during the first quarter of 2024, attributing this positive change to HISA’s uniform standards.

Legislation to dismantle the authority has been introduced in the House of Representatives.