Ruling in contrast to 5th Circuit; could it head to Supreme Court?
March 06, 2023
Statement from Eric Hamelback, CEO of the National Horsemen’s Benevolent & Protective Association on the Sixth Circuit Court of Appeals ruling the Horseracing Integrity & Safety Act (HISA) is constitutional, setting up a split with the Fifth Circuit, which ruled it unconstitutional.
“Today, we stand firmly on our victory in the Fifth Circuit, however we are disappointed in the Sixth Circuit ruling. We have stated from the onset that there are multiple aspects of unconstitutionality plaguing HISA. The Fifth Circuit ruled on the arguments presented to them, and the Sixth Circuit ruled on the arguments they were presented. With that, we remain confident in our arguments and committed to our case. As seen now, the shifting legal uncertainty only upholds more confusion ahead for the industry and should lead everyone to agree we need a new bill to correct this uncertainty. We will keep fighting all the way to the Supreme Court if necessary to protect our industry and make sure our rules and regulations are built on a legal foundation.”