Reports of Mares Bred Due at The Jockey Club by August 1

The Jockey Club reminds stallion managers to submit their Reports of Mares Bred (RMBs) for the 2021 breeding season by August 1.

“To ensure that the breeding statistics we release in the fall are as accurate as possible, we request that RMBs be submitted by August 1,” said Matt Iuliano, executive vice president and executive director of The Jockey Club. “In addition to the utility of covering information in mare produce records and catalog-style pedigrees available through equineline, the number of mares reported bred each year is an important economic indicator of the health of the Thoroughbred breeding industry.”

Stallion managers who submit completed RMBs by August 1 are among the first to receive their Stallion Service Certificates, which facilitates the timely registration of 2022 foals.

Reports of Mares Bred may be submitted via Interactive Registration at registry.jockeyclub.com or a form is available by email, fax, or mail by contacting inquiries@jockeyclub.com.

Owner Conference’s Fourth Session Focuses on Claiming

All owner conference sessions are recorded and available to registered guests.

 

The Thoroughbred Owner Conference series held its fourth virtual session June 1 with a discussion on the ins and outs of claiming horses. The conference series is hosted by The Jockey Club and the Thoroughbred Owners and Breeders Association and presented by Bessemer Trust, Dean Dorton Equine, Stoll Keenon Ogden, and Stonestreet Farm.

The fourth session of the series was sponsored by GlycoGuard, the National Horsemen’s Benevolent and Protective Association, and McPeek Racing. It was moderated by TVG’s Gabby Gaudet with panelists Gary Contessa, trainer; Sal Spedale, owner; and Kirk Wycoff, owner.

 

Read BloodHorse Article

The Jockey Club to Produce The American Racing Manual

Tuesday, May 04, 2021

 

The Jockey Club announced today that it will take over production of The American Racing Manual from the Daily Racing Form. The manual has traditionally served as a source for historical racing trends and data for 125 years.

“We commend the Daily Racing Form team for their dedication to compiling the statistics and written content that have made up The American Racing Manual over the years,” said James L. Gagliano, president and chief operating officer of The Jockey Club. “This publication is an invaluable resource to the industry, and The Jockey Club plans to continue that tradition and hopes to improve upon it.”

Daily Racing Form will continue to provide content for The American Racing Manual, helping to maintain many of the longstanding features familiar to readers.

“Daily Racing Form is proud to contribute to the continued production of The American Racing Manual,” said Itay Fisher, president and chief executive officer of Daily Racing Form. “The racing manual has been the go-to source for historical data and yearly statistical information for well over a century, and we support The Jockey Club’s efforts in taking over the stewardship of this great Thoroughbred title.”

Starting with the 2021 edition, The Jockey Club will provide the digital PDF version of the manual free of charge on its website as part of its online Fact Book. Over the next few years, the manual will be converted from a static PDF to a more dynamic product with links to source data and other user-friendly features to provide easy access to more information about Thoroughbred racing to everyone from researchers to fans.
The Jockey Club is accepting feedback for potential modifications to The American Racing Manual, which can be submitted to contactus@jockeyclub.com.

The Jockey Club, founded in 1894 and dedicated to the improvement of Thoroughbred breeding and racing, is the breed registry for North American Thoroughbreds. In fulfillment of its mission, The Jockey Club, directly or through subsidiaries, provides support and leadership on a wide range of important industry initiatives, and it serves the information and technology needs of owners, breeders, media, fans and farms. It founded America’s Best Racing (americasbestracing.net), the broad-based fan development initiative for Thoroughbred racing, and in partnership with the Thoroughbred Owners and Breeders Association, operates OwnerView (ownerview.com), the ownership resource. Additional information is available at jockeyclub.com.

2021 Fact Book Available on The Jockey Club’s Website

Wednesday, February 24, 2021

 

The Jockey Club announced today that the 2021 edition of the Fact Book is available in the Resources section of its website at jockeyclub.com.

The online Fact Book is a statistical and informational guide to Thoroughbred breeding, racing and auction sales in North America and is updated quarterly. It also features a directory of Canadian, international, national, and state organizations. Links to the Breeding Statistics report that is released by The Jockey Club each September and the Report of Mares Bred information that is published by The Jockey Club each October can be found in the Breeding section of the Fact Book.

Among the data included in the Fact Book are import/export and sales trends, all of which appear to have been affected by the COVID-19 pandemic. Namely, when compared to 2019, imports decreased 23.3%, exports decreased 35.6%, and mean yearling price decreased 19.9%. The Fact Book’s racing data, some of which was released as part of Equibase Company’s year-end Thoroughbred economic indicators advisory last month, also indicates the impact of the pandemic on the industry.

The 2021 editions of State Fact Books, which feature detailed breeding, racing, and auction sales information specific to numerous states, Canadian provinces, and Puerto Rico, are also available on The Jockey Club website. The State Fact Books are updated monthly.

The Jockey Club, founded in 1894 and dedicated to the improvement of Thoroughbred breeding and racing, is the breed registry for North American Thoroughbreds. In fulfillment of its mission, The Jockey Club, directly or through subsidiaries, provides support and leadership on a wide range of important industry initiatives, and it serves the information and technology needs of owners, breeders, media, fans and farms. It is the sole funding source for America’s Best Racing, the broad-based fan development initiative for Thoroughbred racing. You can follow America’s Best Racing at americasbestracing.net. Additional information is available at jockeyclub.com.

Stud Farms Sue Over 140-Mare Cap, Allege ‘Blatant Abuse of Power’ by The Jockey Club

By T. D. Thornton

Spendthrift Farm, Ashford Stud and Three Chimneys Farm are suing The Jockey Club in federal court over the “stallion cap” rule that went into effect in 2020, alleging that the 140-mare breeding limit now being phased in amounts to a “blatant abuse of power” that acts as an “anti-competitive restraint” and threatens to disrupt the free-market nature of the bloodstock business.

The plaintiffs contend that the stallion cap “serves no legitimate purpose and has no scientific basis” while alleging that the nine stewards of The Jockey Club who voted to adopt the rule change purportedly did so based more on a desire to satisfy their own “conflicting economic interests” rather than their organization’s stated purpose of “facilitating the soundness of the Thoroughbred breed.”

Read TDN Article

T.I.P. Announces Shows, Award Offerings, and Youth Ambassadors for 2021

Jockey Club Press Release

 

The Jockey Club Thoroughbred Incentive Program (T.I.P.) today announced that it has approved more than 7,000 awards and classes at more than 1,500 shows in 42 states, Puerto Rico, and six Canadian provinces in 2021.

Awards are available for multiple disciplines, including eventing, dressage, Western and English pleasure, hunter/jumper, endurance, Western performance, games, and polocrosse. Awards are again available at some events for Thoroughbreds within their first two years of showing or for Thoroughbreds within two years of their last start.

A full calendar of shows offering awards is available at tjctip.com/CalendarOfEvents.

“This year marks the 10th year in which T.I.P. is offering awards, and we are proud of the success of this initiative in promoting the versatility of the Thoroughbred,” said Kristin Werner, senior counsel for The Jockey Club and administrator of T.I.P. “Through 2020, there have been more than 6,500 shows that have offered T.I.P. awards, more than 30,000 T.I.P. numbers that have been assigned, and more than 60,000 award entries submitted for horses. We look forward to adding to these totals in 2021 and continuing to demonstrate to the equestrian community the talents of Thoroughbreds in a range of disciplines.”

In addition, T.I.P. will be offering year-end or championship awards in association with the American Endurance Ride Conference; Equine Trail Sports; United States Eventing Association; United States Pony Club; and United States Dressage Federation. Furthermore, T.I.P. will offer awards at selected polo tournaments in conjunction with the United States Polo Association.

T.I.P. also announced its youth ambassadors for the 2021 T.I.P. Youth Ambassador Program. The 16 ambassadors, including four returning ambassadors from 2020, come from 12 states and cover multiple disciplines. The following are the 2021 T.I.P. youth ambassadors:

  • Grace Baierl – Pennsylvania
  • Kaylynn Berry – Kentucky
  • Emily Cantler –  Maryland
  • Gabriellia Chevalier – Connecticut
  • Lottie Crawford – Virginia (returning)
  • Megan Farnsworth – Washington (returning)
  • Julia House –  Maine (returning)
  • Victoria Navarrete – Virginia
  • Alexis Novak – Washington
  • Jenna Presley – Indiana
  • Grace Regan – South Carolina
  • Victoria Reinholdt – Florida
  • Olive Scaff – New Jersey
  • Emma Scheier – New Jersey (returning)
  • Remington Sharp – Virginia
  • Sabrina Wood – Texas

Additional information about the Youth Ambassador Program is available at tjctip.com/About/TBYPAM.

Created and announced in October 2011, T.I.P. recognizes and rewards the versatility of the Thoroughbred through sponsorship of Thoroughbred classes and high point awards at sanctioned horse shows, performance awards, and non-competition awards. In addition to the complete schedule of T.I.P.-sponsored shows, other information about the program is available on the T.I.P. website, tjctip.com. Those interested in T.I.P. can follow the program at facebook.com/tjctip.

The Jockey Club, founded in 1894 and dedicated to the improvement of Thoroughbred breeding and racing, is the breed registry for North American Thoroughbreds. In fulfillment of its mission, The Jockey Club, directly or through subsidiaries, provides support and leadership on a wide range of important industry initiatives, and it serves the information and technology needs of owners, breeders, media, fans and farms. It founded America’s Best Racing (americasbestracing.net), the broad-based fan development initiative for Thoroughbred racing, and in partnership with the Thoroughbred Owners and Breeders Association, operates OwnerView (ownerview.com), the ownership resource. Additional information is available at jockeyclub.com.

Thoroughbred Connect Information now Available with Digital Foal Certificates

The Jockey Club Registry announced December 17th that contact information submitted through its Thoroughbred Connect program by those interested in providing aftercare or assistance for a Thoroughbred is now available when a horse’s digital certificate of foal registration is accessed by the certificate manager.

Thoroughbred Connect enables anyone with an Interactive Registration (IR) account to express his or her willingness to be contacted by someone in possession of a Thoroughbred in the event the horse is in need of aftercare or assistance. It is also a resource for horse owners to list a Thoroughbred that is in need of aftercare or assistance.

With this update, contact information for those who would like to help a specific Thoroughbred is displayed by default on a horse’s digital certificate page. Thoroughbred Connect users can elect to opt out of this setting at any time. Contact information associated with horses born prior to 2018, and who thus might not have a digital certificate, can still be shared with a successful connection made via the Thoroughbred Connect link after logging into IR.

“Adding contact information from Thoroughbred Connect to a horse’s digital certificate page ensures that a horse’s emergency contact will never be lost or removed and will always be easily accessible to its current digital certificate manager,” said Matt Iuliano, executive vice president and executive director of The Jockey Club.  “We believe this change will facilitate connections to transition Thoroughbreds to new homes when their racing or breeding careers are over.”

“We at Herringswell Stables believe in the importance of ensuring that Thoroughbreds are cared for at all stages of their lives and have attached our contact information to physical copies of foal papers for years,” said Graham Motion. “We are excited to take advantage of The Jockey Club Registry’s update to Thoroughbred Connect, which replicates the purpose of stickers and stamps in the age of digital certificates.”

“We commend The Jockey Club for their aftercare initiatives and their efforts to help horses transition to careers beyond the racetrack or breeding shed,” Staci Hancock of Stone Farm said. “From the Thoroughbred Incentive Program and “Transferred as Retired from Racing” designation to this most recent update to Thoroughbred Connect, we thank The Jockey Club for looking out for the welfare of Thoroughbreds and promoting their potential as sport, pleasure, and therapy horses.”

Since its introduction in May 2011, more than 3,500 users have signed up for Thoroughbred Connect, and there are currently more than 8,600 horses in the system that have at least one customer who has provided contact information to indicate their willingness to provide aftercare assistance.

For more information about Thoroughbred Connect or to sign up for an IR account, please visit registry.jockeyclub.com.

The Jockey Club, founded in 1894 and dedicated to the improvement of Thoroughbred breeding and racing, is the breed registry for North American Thoroughbreds. In fulfillment of its mission, The Jockey Club, directly or through subsidiaries, provides support and leadership on a wide range of important industry initiatives, and it serves the information and technology needs of owners, breeders, media, fans and farms. It founded America’s Best Racing (americasbestracing.net), the broad-based fan development initiative for Thoroughbred racing, and in partnership with the Thoroughbred Owners and Breeders Association, operates OwnerView (ownerview.com), the ownership resource. Additional information is available at jockeyclub.com.

The Jockey Club Releases 2020 Report of Mares Bred Statistics

The Jockey Club today (10-23-20) released Report of Mares Bred (RMB) statistics for the 2020 breeding season. Based on RMBs received through October 18, 2020, The Jockey Club reports that 1,067 stallions covered 27,970 mares in North America during 2020.

The Jockey Club estimates an additional 2,500 to 3,500 mares will be reported as bred during the 2020 breeding season.

RMB statistics for all reported stallions in 2020 are available through the Fact Book section of The Jockey Club’s website at jockeyclub.com.

Kentucky traditionally leads North America in Thoroughbred breeding activity. During 2020, Kentucky’s 200 reported stallions covered 16,391 mares, or 58.6% of all of the mares reported bred in North America. The number of mares bred to Kentucky stallions decreased 4.3% percent compared with the 17,123 reported at this time last year.

Of the top 10 states and provinces by number of mares reported bred in 2020, stallions in Louisiana, Maryland, Pennsylvania, and New Mexico covered more mares in 2020 than in 2019, as reported at this time last year. The following table shows the top 10 states and provinces ranked by number of mares reported bred in 2020:

State/Province 2019 Stallions 2020 Stallions Pct. Change 2019 Mares Bred 2020 Mares Bred Pct. Change
Kentucky 220 200 -9.1% 17,123 16,391 -4.3%
California 124 103 -16.9% 2,018 1,766 -12.5%
Florida 81 73 -9.9% 1,863 1,721 -7.6%
Louisiana 79 74 -6.3% 984 1,017 3.4%
New York 43 37 -14.0% 1,058 1,002 -5.3%
Maryland 31 29 -6.5% 780 806 3.3%
Pennsylvania 28 37 32.1% 686 734 7.0%
Ontario 29 24 -17.2% 538 519 -3.5%
Oklahoma 38 40 5.3% 479 476 -0.6%
New Mexico 51 48 -5.9% 437 453 3.7%

Note: Each incident in which a mare was bred to more than one stallion and appeared on multiple RMBs is counted separately. As such, mares bred totals listed in the table above may differ slightly from counts of distinct mares bred.

In addition, Report of Mares Bred information on stallions that bred mares in North America is available through report 36P or a subscription service at equineline.com/ReportOfMaresBred.

The Jockey Club, founded in 1894 and dedicated to the improvement of Thoroughbred breeding and racing, is the breed registry for North American Thoroughbreds. In fulfillment of its mission, The Jockey Club, directly or through subsidiaries, provides support and leadership on a wide range of important industry initiatives, and it serves the information and technology needs of owners, breeders, media, fans and farms. It founded America’s Best Racing (americasbestracing.net), the broad-based fan development initiative for Thoroughbred racing, and in partnership with the Thoroughbred Owners and Breeders Association, operates OwnerView (ownerview.com), the ownership resource. Additional information is available at jockeyclub.com.

The Jockey Club Releases 2019 Breeding Statistics

The Jockey Club today reported that 1,552 stallions covered 31,198 mares in North America during 2019, according to statistics compiled through Sept. 29, 2020. These breedings have resulted in 19,677 live foals of 2020 being reported to The Jockey Club on Live Foal Reports.

The Jockey Club estimates that the number of live foals reported so far is approximately 85-90 percent complete. The reporting of live foals of 2020 is down 3.4 percent from last year at this time when The Jockey Club had received reports for 20,363 live foals of 2019.

In addition to the 19,677 live foals of 2020 reported through Sept. 29, The Jockey Club also received 2,476 No Foal Reports for the 2020 foaling season. Ultimately, the 2020 registered foal crop is projected to reach 20,500.

The number of stallions declined 4.8 percent from the 1,630 reported for 2018 at this time last year, while the number of mares bred declined 4.0 percent from the 32,508 reported for 2018.

The 2019 breeding statistics are available alphabetically by stallion name through the Resources – Fact Book link on The Jockey Club homepage at jockeyclub.com.

Kentucky annually leads all states and provinces in terms of Thoroughbred breeding activity. Kentucky-based stallions accounted for 55.3 percent of the mares reported bred in North America in 2019 and 60.2 percent of the live foals reported for 2020.

The 17,240 mares reported bred to 228 Kentucky stallions in 2019 have produced 11,851 live foals, a 2.9 percent decrease on the 12,200 Kentucky-sired live foals of 2019 reported at this time last year. The number of mares reported bred to Kentucky stallions in 2019 decreased 1.2 percent compared to the 17,446 reported for 2018 at this time last year.

Among the 10 states and provinces with the most mares covered in 2019, three produced more live foals in 2020 than in 2019 as reported at this time last year: Pennsylvania, New Mexico, and Oklahoma. The following table shows the top 10 states and provinces ranked by number of state/province-sired live foals of 2020 reported through Sept. 29, 2020.

2019 Mares Bred 2019 Live Foals 2020 Live Foals Percent Change in Live Foals
Kentucky 17,240 12,200 11,851 -2.9%
California 2,129 1,612 1,390 -13.8%
Florida 2,024 1,164 1,156 -0.7%
New York 1,080 703 652 -7.3%
Louisiana 1,082 728 647 -11.1%
Pennsylvania 853 339 510 50.4%
Maryland 804 537 506 -5.8%
Ontario 615 377 350 -7.2%
Oklahoma 631 289 342 18.3%
New Mexico 624 307 313 2.0%

The statistics include 429 progeny of stallions standing in North America but foaled abroad, as reported by foreign stud book authorities at the time of publication.

Country Live Foals Country Live Foals
Saudi Arabia 150 Chile 8
Turkey 83 Jamaica 8
Republic of Korea 81 Australia 4
Ireland 38 Germany 2
Japan 23 Peru 2
Great Britain 16 Barbados 1
France 13

The report also includes 79 mares bred to 14 stallions in North America on Southern Hemisphere time; the majority of these mares have not foaled.

As customary, a report listing the number of mares bred in 2020 will be released later this month.

The Jockey Club Statement on USTA’s Response to the Horseracing Integrity and Safety Act

Wednesday, September 23, 2020

 

Lexington, KY – The Jockey Club today released a response from its general counsel, Marc Summers, to the United States Trotting Association’s (USTA) recent assertion that the Horseracing Integrity and Safety Act (HISA) is unconstitutional.

In a recent press release, the USTA touts a secret “white paper” purportedly concluding that the HISA is “possibly” unconstitutional. Of course, no one else has set eyes on this white paper. But it is hardly surprising that — after months of USTA opposition to any bill like HISA — the USTA’s hired-gun law firm would come up with the USTA’s preordained conclusion.

The USTA’s unwillingness to release its legal analysis is telling: In reality, HISA is carefully crafted and constitutionally sound. The bill has been rigorously vetted. Many attorneys from different sectors (including Supreme Court and constitutional experts from Akin Gump Strauss Hauer and Feld LLP) have thought through the very issues the USTA raises, because we anticipated that those who oppose the bill for other reasons would lob this type of unfounded attack. In the face of decades of precedent supporting the proposed statutory scheme, none of the USTA’s four constitutional arguments withstands scrutiny.

1. HISA does not violate the non-delegation doctrine. The USTA is correct, of course, that there are important limits on Congress’ ability to “grant regulatory authority to private entities.” But that doctrine does not bar private entities from “help[ing] a government agency make its regulatory decisions, for ‘[t]he Constitution has never been regarded as denying to the Congress the necessary resources of flexibility and practicality’ that such schemes facilitate.” Ass’n of Am. Railroads v. United States Dep’t of Transp., 721 F.3d 666, 671 (D.C. Cir. 2013) (quoting Pan. Ref. Co. v. Ryan, 293 U.S. 388, 421 (1935)), vacated on other grounds, 575 U.S. 43 (2015). As long as a government agency has discretion to approve, disapprove, or modify a private party’s proposed regulations, longstanding Supreme Court precedent makes clear that Congress is free to formalize the party’s role in the regulatory process.

The Horseracing Integrity and Safety Authority (Authority) designated in HISA is subject to the oversight and approval of the Federal Trade Commission (FTC) in at least two critical respects. On the front end, the Authority must file any proposed rules (or rule changes) with the FTC, which must subject the rules to proper notice-and-comment and agency-approval procedures. Without the FTC’s approval, the rules cannot take effect and have no binding legal force. On the back end, all sanctions imposed bythe Authority “shall be subject to review by an administrative law judge” appointed by the FTC, subject to yet further review by the commissioners. Far from the “exalted brooding” the USTA criticizes, these statutorily mandated constraints ensure the FTC’s ultimate responsibility for any meaningful action carried out under the HISA.

This relationship mirrors the enduring and effective model adopted by the Financial Industry Regulatory Authority (FINRA) and the Securities and Exchange Commission (SEC). FINRA is a private, independent, nonprofit, self-regulatory organization that participates in the regulation of the securities brokerage industry, subject to SEC oversight. As with the proposed Authority-FTC scheme, FINRA rules must be approved by the SEC and FINRA’s disciplinary actions are subject to SEC review. Courts considering challenges to FINRA on the non-delegation grounds that the USTA’s press release trumpets consistently have held that the contentions have “no merit.”

Grasping at straws, the USTA warns about (undefined) “law-enforcement powers” that “would be free from FTC oversight.” As an initial matter, the predicate for USTA’s warning is false: Any powers carried out by the Authority, whether analogized to “law-enforcement powers” or not, would be cabined by specific rules the FTC adopts and specific review the FTC conducts over any resulting sanctions. In any event, the Authority’s investigatory powers also parallel those that FINRA routinely carries out with respect to securities brokers and firms. In fact, other statutory schemes — such as Congress’ express grant of broad investigatory authority to the U.S. Anti-Doping Agency (USADA), a private entity recognized as the official anti-doping agency for Olympic sports — impose far fewer constraints on self-regulatory organizations than the FINRA-SEC and Authority-FTC models impose.

2. Hedging its non-delegation challenge, the USTA alleges that the HISA may run afoul of the Appointments Clause and Article II removal restrictions. But the USTA does not acknowledge, let alone resolve, the tension between its two arguments: The non-delegation theory rests on the notion that HISA delegates regulatory authority to a private entity. Meanwhile, the Appointments Clause and removability concerns apply only to federal (i.e., non-private) entities. The fact that the pre-existing Authority designated by HISA is private — as USTA emphasizes to support its non-delegation challenge — dooms any Appointments Clause or removability challenge.

3. USTA’s due process theory fares no better. Ignoring the exceedingly difficult standard for bringing a successful claim under the Due Process Clause, the press release vaguely cautions against “economically self-interested private actors.” But the Authority’s only interest is improving the integrity and safety of horse racing. The “capture” theory that the USTA creates out of whole cloth lacks any basis. As the USTA recognizes, the majority of the Authority’s board members are “independent” (i.e., from outside the equine industry). To be sure, the remaining board members will have industry experience and engagement. But it is difficult to understand how that statutory recognition of the value of informed voices constitutes a deprivation of due process. What’s more, with respect to that minority group of board members, HISA expressly provides for equal representation among each of the six equine constituencies (trainers, owners and breeders, tracks, veterinarians, state racing commissions, and jockeys). And the committee tasked with nominating eligible candidates for board and standing-committee positions is made up of entirely non-industry members. The HISA further imposes broad conflicts-of-interest requirements to ensure that all board members and independent standing committee members (and their employees and family members) are free of all equine conflicts of interest.

All those safeguards mean the Authority’s board will be even more constrained from self-dealing than the leadership of other self-regulatory organizations, including FINRA. Regardless, established precedent confirms what common sense indicates: Even when a private entity is engaged in the regulatory process, agency authority and surveillance serve as adequate guards against any promotion of self-interest. See, e.g., Sunshine Anthracite Coal Co. v. Adkins, 310 U.S. 381, 399 (1940). The FTC’s ability to overrule the Authority’s proposed rules and sanctions ensures that neither the Authority nor the individuals making up its board can “use their position for their own advantage — to the disadvantage of their fellow citizens.” Pittston Co. v. United States, 368 F.3d 385, 398 (4th Cir. 2004).

4. Finally, no part of HISA commands states to do anything to which they don’t freely agree. Instead of requiring the states to undertake any particular duties, the bill presents them with genuine choices: They can work with the Authority to effect the anti-doping program or they can relieve themselves of enforcement activity, with the Authority implementing the horse racing anti-doping and medication control program in the state. Further, the weakness in the USTA’s anti-commandeering argument is laid bare by its reliance on an incorrect quotation from the bill. Rather than providing that “State law enforcement authorities shall cooperate and share information with the Authority,” the bill directs the Authority “to cooperate and share information” with state and federal law enforcement authorities whenever its investigation into violations of the horse racing anti-doping and medication control program uncovers a violation of state or federal law.

For all its grandstanding, the USTA’s bottom line (apparently quoting its attorneys) is underwhelming to say the least: The “enactment would lead to extensive litigation and the possible invalidation of the statute.” Anyone can sue over anything — the mere existence of litigation says nothing about its likelihood of success. These are the facts: The HISA is ground firmly in 70 years of precedent and the Authority-FTC relationship closely parallels the long-running FINRA-SEC model. However, anything is “possible.” It is possible to place a winning trifecta bet six races in a row. But it is not likely. If Congress rejected every bill that could be litigated and “possibly” invalidated, it would never enact a new law.

The HISA is on solid constitutional footing.