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By Wandering Eyes · Posted
The three lawsuits that have been simmering in the federal court system for several years and were all vying for the attention of the United States Supreme Court to decide the constitutionality of the Horseracing and Safety Integrity Act (HISA) are all headed back to their originating appeals courts. The Supreme Court on Monday morning issued nearly identical “summary dispositions” for all of the active cases involving the constitutionality of HISA. Each of the separate petitions for a “writ of certiorari” were answered by orders that technically granted consideration by the nation's highest court to take on their cases. But instead of deciding those matters by full briefing and oral argument in front of the Supreme Court at a later date, the Supreme Court instead opted to deal with those cases right away by vacating each lower court's decision and sending each one back to its originating federal appeals court for reconsideration in light of a relevant decision the Supreme Court just issued on Friday. The new precedent that the Supreme Court now wants the Fifth, Sixth and Eighth Circuits of the U.S. Court of Appeals to reconsider involves a case titled Federal Communications Commission (FCC) vs. Consumers' Research. In that case, the justices, by a 6-3 vote June 27, rejected arguments that the funding mechanism for a service that provides subsidized telecommunications services for low-income customers, rural hospitals, schools, and libraries violated the non-delegation doctrine. The Supreme Court also shot down allegations that the FCC delegated too much authority to a private company to administer the program. The non-delegation doctrine, which bans Congress from delegating legislative power to federal agencies without an “intelligible principle” to guide the exercise of agency discretion, is central to each of the HISA-related cases. The Supreme Court has essentially decided that last Friday's just-issued precedent related to non-delegation now gives each of the appeals courts enough guidance to decide the cases at that level. According to the American Bar Association Journal, the last time the Supreme Court cited the non-delegation doctrine to invalidate a federal law was in 1935. The Fifth, Sixth and Eighth Circuit appeals courts have all agreed that HISA's rulemaking structure is constitutional. Only the Fifth Circuit has disagreed, in part, by opining that HISA's enforcement provisions are unconstitutional. The petition to the Supreme Court out of the Fifth Circuit, which was initiated by the defendant, the HISA Authority, involved a lawsuit spearheaded by the National Horsemen's Benevolent and Protective Association. A Fifth Circuit appeals court panel opined July 5, 2024, that even though HISA's rulemaking structure is constitutional, HISA's enforcement provisions are unconstitutional. The petition originating out of the Sixth Circuit stemmed from a lawsuit led by the states of Oklahoma, West Virginia and Louisiana. A Sixth Circuit appeals court panel opined on Mar. 3, 2023, that Congressional changes to the law in 2022 made all of HISA completely constitutional. The plaintiffs in that Sixth Circuit case had already once asked the Supreme Court to hear the case, but were initially denied on June 24, 2024. In the Eighth Circuit case, the plaintiffs, led by Bill Walmsley, the president of the Arkansas HBPA, and Jon Moss, the executive director of the Iowa HBPA, had asked the Supreme Court to review an opinion that had affirmed a ruling out of a lower federal court in Arkansas denying a preliminary injunction the horsemen had sought to halt HISA and its Anti-Doping and Medication Control (ADMC) program. All of those appeals court judgments are now vacated. This story will be updated. The post Supreme Court, Citing Precedent It Just Issued Friday, Remands Three HISA-Related Cases Back To Appeals Courts appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions. View the full article -
By Wandering Eyes · Posted
Organizations and individuals within the Thoroughbred racing community reflect on contributions and legacy of legendary trainer D. Wayne Lukas, who died at age 89.View the full article -
By Wandering Eyes · Posted
Sam Agars FORTUNATE SON - R3 (1) Clearly has some ability and should be too strong in Class Four company Jay Rooney FORTUNATE SON - R3 (1) Drops in grade and has trialled very well for his new trainer Trackwork Spy LIGHT YEARS CHARM - R5 (4) Should continue his hot form with another win Phillip Woo BEAUTY GLORY - R6 (1) Racing relatively well and should be the one to beat at this level Shannon (Vincent Wong) MIGHTY STEED - R3 (4) Ran a nice fourth over this C&D last start and looks hard...View the full article -
By Wandering Eyes · Posted
Iowa-bred Somavia was impressive in her second career start, winning a maiden special weight contest at Prairie Meadows June 29. Her victory provided the first career winner for her sire, Basin.View the full article -
By Wandering Eyes · Posted
Saturday's G1 Coral-Eclipse at Sandown is shaping up to be the race of the season so far after a plethora of Group 1 winners were confirmed on Monday, headed by the John and Thady Gosden-trained Ombudsman. The son of Night Of Thunder came of age at Royal Ascot when winning the G1 Prince Of Wales's Stakes and only has one defeat on his record from six career starts. That came over this course and distance in May when Almaqam (Lope De Vega) produced a dominant performance from the front to win the G3 Brigadier Gerard Stakes, ultimately landing the spoils by a length and three-quarters from the penalised Ombudsman. Ed Walker's charge could be in opposition again on Saturday, while last year's G1 Champion Stakes winner Anmaat (Awtaad) is another familiar foe in contention for a rematch with Ombudsman, although his connections are keeping a close eye on the forecast before committing to a quick reappearance after his runner-up finish in the Prince Of Wales's Stakes. “He needs rain to run,” said trainer Owen Burrows. “We're having a look and there are a few showers about Wednesday and Thursday, but he would need a drop of rain. We're on weather-watch a bit, so he's by no means a definite runner. “The showers are so hit and miss. It feels like you could get a real good thunderstorm as it is so hot and muggy, but you might only get 2-4mm and Andrew Cooper [clerk of the course] would be putting all that and more on with watering, so that's not going to make much difference. “He's come out of Ascot well, but this is just two and a half weeks later, so I wouldn't want to be running him on fast ground again.” Andre Fabre has had this race as a target for some time with Sosie (Sea The Stars), who is set to bid for a third consecutive win at the top level, having already won the Prix Ganay and Prix d'Ispahan in two previous starts this season. Charlie Appleby's 2,000 Guineas winner Ruling Court (Justify) could aim to bounce back from his defeat in the G1 St James's Palace Stakes, while Aidan O'Brien is responsible for three of the other five three-year-olds in contention, namely Camille Pissarro (Wootton Bassett), the winner of the Prix du Jockey Club, beaten Derby favourite Delacroix (Dubawi) and Expanded (Wootton Bassett). Jessica Harrington's Hotazhell (Too Darn Hot), who won last year's G1 Futurity Trophy, and Ralph Beckett's Derby fifth Stanhope Gardens (Ghaiyyath) could also represent the Classic generation, while White Birch (Ulysses) makes up the 11-strong list of contenders after his fourth-place finish when trying to defend his G1 Tattersalls Gold Cup crown. The sponsors have installed Ombudsman as their 13/8 favourite, ahead of Sosie at 9/2. The post Ombudsman and Sosie Headline Star-Studded List of Eclipse Contenders appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions. View the full article
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