HISA case will not be heard by Supreme Court during this term

The legal fight over the constitutionality of the Horseracing Integrity and Safety Authority will not be taken up by the U.S. Supreme Court during the current term that ends in June, and there was no indication Monday if or when the case finally may be heard.

During their last Friday conference likely to impact scheduling for the current term, the nine judges did not add Federal Trade Commission v. National Horsemen’s Benevolent and Protective Association to their list of cases to be heard before their summer break. That list was posted Monday morning on the Supreme Court website.

That means the dispute that has led to seven lawsuits and conflicting opinions from two federal appeals courts will not be scheduled by the Supreme Court before it reconvenes in October and probably will not be argued before next year.

“At this time we have no updates. HISA continues to await the Supreme Court’s decision on our petition for a writ of certiorari (reviewing a lower-court decision),” a HISA spokesperson said in a written statement Monday.

According to a representative, the NHBPA was working Monday on a public reaction to the high court’s decision to hurry up and wait.

Since it is still possible the Supreme Court might decide not to hear the case at all, it will continue to be business as usual for HISA. It regulates the sport in every racing state except Louisiana, Nebraska, Oregon, Texas, West Virginia and Wyoming. It also means more wrangling looms in lower courts as each side tries to carve a bigger legal victory.

The FTC, which oversees HISA, asked the Supreme Court to step in last year after judges in the Fifth Circuit ruled against the federal racing authority, which was created four years ago and empowered in July 2022. In a suit brought by the NHBPA as well as regulators and track operators in Oklahoma and Texas, the appeals court based in New Orleans agreed that HISA was unconstitutional because it is a private company wielding federal power.

On the other hand, the Sixth Circuit Court of Appeals based in Cincinnati heard similar arguments and ruled in favor of HISA nearly two years ago.

The Supreme Court stepped in in October and granted the FTC a stay order that kept HISA operating while it decided whether to hear the full case. The Biden administration asked the court to hear arguments and make a final ruling on the matter. The Justice Department has not weighed in since President Trump was sworn back into office last Monday.

“HISA remains fully operational as the Supreme Court’s emergency stay in October 2024 halted the Fifth Circuit’s outlier decision against HISA and preserves the status quo,” Monday’s HISA statement said. “Since the full implementation of HISA’s racetrack safety and anti-doping programs, we have made significant strides in improving safety outcomes in horse racing. Ensuring the safety of all participants continues to be our top priority, and we remain fully committed to upholding the highest standards of fairness and integrity within the sport.”

In their regular Friday conferences, Supreme Court justices consider petitions brought before them that have not been scheduled or rejected. The results of those conferences are routinely posted the following Monday morning. The next conference is Feb. 21, making it almost certain any cases added would be carried over to the next term.

Once it is through with its current term in late June or early July, the Supreme Court is not scheduled to reconvene until Oct. 6.