Supreme Court lets national horse racing standards law stay in effect for now

The Supreme Court decided Monday to leave a federal law in place — for now — that regulates the safety of race horses.

The law implements medication standards and doping rules. It was found to be unconstitutional by the 5th U.S. Circuit Court of Appeals.

The justices are allowing the law to stay in effect while the litigation is pending. It is possible the case could come before them for a final ruling.

The Horseracing Integrity and Safety Act was signed by former President Donald Trump in 2020 and was designed to improve the safety and integrity of horse racing following recent scandals related to doping and the deaths of race horses.

The legislation set uniform national standards.

Federal circuit courts have split on various legal challenges to the law, with the 5th U.S. Circuit ruling in July that the law’s enforcement mechanism ran afoul of the Constitution by giving governmental authority to a private group.

“The statute empowers the Authority to investigate, issue subpoenas, conduct searches, levy fines, and seek injunctions — all without the [Federal Trade Commission’s] say-so. That is forbidden by the Constitution,” read the 5th Circuit’s ruling.

The Horseracing Integrity and Safety Authority asked the justices to step in and block the 5th Circuit’s decision from taking effect so that the law would remain intact across the country while litigation continues.

Justice Samuel A. Alito Jr. initially granted that request and the full court agreed, putting the lower court’s ruling on hold during the pending appeal.

Justice Ketanji Brown Jackson wrote a brief statement disagreeing with the court’s move to stay the lower court ruling, saying there is already a move to have the high court hear the case so intervening now is premature.

“I see no reason for us to intervene in an emergency posture. I would therefore deny the application and promptly proceed to consider the pending petition for certiorari,” Justice Jackson wrote.