HORSEPLOP.COM
General Category => Harness Racing => Topic started by: TimTimTimbo on November 18, 2022, 11:54:11 PM
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https://ustrottingnews.com/u-s-court-of-appeals-for-the-fifth-circuit-declares-hisa-unconstitutional/
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drf.com
U.S. Appeals Court Rules HISA Is Unconstitutional
Matt Hegarty | Nov 18, 2022
"A U.S. appeals court has ruled that the Horseracing Integrity and Safety Authority is “facially unconstitutional,” reversing a lower court’s opinion that the authority met constitutional standards of federal oversight.
The ruling by the Fifth Circuit Court of Appeals delivers a critical blow to the authority, a private, non-profit company established by federal legislation passed in 2020, at a time when HISA is preparing to roll out a national medication and anti-doping program, scheduled for Jan. 1. While HISA has faced multiple challenges to its constitutionality in various jurisdictions, the Fifth Circuit decision is the first to rule that the legislation establishing the Federal Trade Commission as its overseer lacked constitutional merit...."
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Most very likely it is over.
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"The ruling has far-reaching consquences and affects many at all levels of the industry, even down to a lowly, disgraced former Goshen groom."
"In somewhat related news, the local Aldi supermarket has sent a letter to Shopping Cart Mike demaning return of their property."
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Supreme Court next ?
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As a start-up agency, how is HISA funding their legal defense? It cost big bucks to go to Supreme Court.
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With HISA gone and seeing that the current testing committees ARCI and RTC has never caught anyone using drugs besides an aspirin, now what? Must be back to the usual old drug war which never stopped in the first place.
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HISA never gets off the ground? Hopefully they tweak it. I can't see the sport thriving in it's current state.
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It’s not over yet. Jan 10 will be interesting.
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It is a setback. But, I would believe they will address what the court deemed unconstitutional and make the necessary modifications.