Federal Takeover of Louisiana Horse Racing Ruled Unconstitutional

Published 12:28 pm Friday, November 18, 2022

NEW ORLEANS, LA – The U.S. Court of Appeals for the Fifth Circuit has sided with Louisiana Attorney General Jeff Landry, ruling that the Horseracing Integrity & Safety Act of 2021 (HISA) is facially unconstitutional under the private non-delegation doctrine.

In June, Attorney General Landry led a lawsuit challenging HISA – a measure ramrodded into the COVID relief bill that cedes much regulatory and taxation power of the State to an unelected and unaccountable nongovernmental entity. In July, Judge Terry Doughty of U.S. District Court in the Western District of Louisiana granted a preliminary injunction preventing the rules from being enforced in Louisiana and West Virginia. Today, the entirety of HISA was brought down.

“This is a major victory for the rule of law and the horse industry. I am proud to deliver this win for the thousands of our neighbors who ply their trade as horse owners, trainers, jockeys, and more,” said Attorney General Landry. “This federal government overreach involved delegating unsupervised power to a private entity. I applaud my Solicitor General Liz Murrill and her deputy Shae McPhee for their tireless work in defense of federalism.”

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