Fifth Circuit refuses to order accelerated issuance of mandate.
The Fifth Circuit Court of Appeals, which in November ruled the Horseracing Integrity and Safety Act is unconstitutional, turned down a Dec. 15 request by the states and racing commissions of Louisiana and West Virginia to give the decision effect on Dec. 19. The upshot is enforcement of a lower court injunction against HISA could be delayed for months.
The two-line order denying the request was entered Dec. 16 by the same three Fifth Circuit judges who reversed a Texas federal district court ruling in favor of HISA. The lower court injunction against HISA was entered by a federal district court in Louisiana, which is also in the Fifth Circuit.
The Fifth Circuit’s anti-HISA decision cannot take effect unless and until a mandate issues. A publication of the American Bar Association says, “At its most basic, the mandate is the device by which an appellate court closes an appeal.”
