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General Category => Harness Racing => Topic started by: TimTimTimbo on November 18, 2022, 11:54:11 PM

Title: HISA struck down by Court of Appeals as Unconstitutional
Post by: TimTimTimbo on November 18, 2022, 11:54:11 PM
https://ustrottingnews.com/u-s-court-of-appeals-for-the-fifth-circuit-declares-hisa-unconstitutional/

Title: U.S. appeals court rules HISA is unconstitutional
Post by: Calhoun on November 19, 2022, 06:41:41 AM
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...."


Title: Re: U.S. appeals court rules HISA is unconstitutional
Post by: Calhoun on November 19, 2022, 06:45:01 AM
Most very likely it is over. 
Title: Re: U.S. appeals court rules HISA is unconstitutional
Post by: Calhoun on November 19, 2022, 07:01:33 AM
"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."
Title: Re: HISA struck down by Court of Appeals as Unconstitutional
Post by: Yonkers1A on November 19, 2022, 07:06:26 AM
Supreme Court next ?
Title: Re: HISA struck down by Court of Appeals as Unconstitutional
Post by: The Exporter on November 19, 2022, 09:48:16 AM
As a start-up agency, how is HISA funding their legal defense? It cost big bucks to go to Supreme Court.
Title: Re: HISA struck down by Court of Appeals as Unconstitutional
Post by: Horsepower on November 20, 2022, 06:21:49 AM
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.
Title: Re: HISA struck down by Court of Appeals as Unconstitutional
Post by: seen2much on November 21, 2022, 09:22:57 PM
HISA never gets off the ground? Hopefully they tweak it. I can't see the sport thriving in it's current state.
Title: Re: HISA struck down by Court of Appeals as Unconstitutional
Post by: bond on November 22, 2022, 08:05:48 AM
It’s not over yet. Jan 10 will be interesting.
Title: Re: HISA struck down by Court of Appeals as Unconstitutional
Post by: The Exporter on November 22, 2022, 08:41:12 AM
It is a setback. But, I would believe they will address what the court deemed unconstitutional and make the necessary modifications.   
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