Formal motion to set aside unconstitutionality ruling to be filed Jan. 3.
An attorney for the Horseracing Integrity and Safety Authority this week asked a federal appeals court panel to set aside its ruling declaring the entity’s underlying legislation facially unconstitutional, citing a recent amendment to the law.
A letter signed by Pratik A. Shah Dec. 29 on behalf of HISA formally notified the three-judge panel “that on December 23 Congress passed, and on December 29 President Biden signed into law an amendment” that gives the Federal Trade Commission more power to regulate the Authority.
The Fifth Circuit Court of Appeals, based in New Orleans, had declared the legislation facially unconstitutional for failing to give the FTC adequate oversight over the Authority, a private entity created by the legislation.
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