By T. D. Thornton
Six weeks after the United States Court of Appeals for the Sixth Circuit upheld the constitutionality of the Horse Racing Integrity and Safety Act (HISA), the losing plaintiffs/appellants in a case led by the states of Oklahoma, West Virginia and Louisiana have petitioned for a rarely granted “en banc” procedure that asks for a rehearing before all 28 of that court’s judges instead of just the panel of three that issued the Mar. 3 decision.
“A panel of this Court [held] that the [HISA] Authority’s ability to issue federal regulations over the Federal Trade Commission [FTC]’s objection does not violate the private non-delegation doctrine because, since the [December 2022] statutory amendment, the FTC can modify those rules after the fact,” the Apr. 17 filing stated.
“The panel also refused to decide whether the Authority’s exclusive power to bring enforcement actions in federal court was unconstitutional, and it concluded that HISA’s fee-collection regime does not unconstitutionally coerce the States to administer a federal regulatory program,” the filing stated.