LOUISVILLE — The Fifth Circuit Court of Appeals ruled on June 11 that the enforcement power of the Horseracing Integrity and Safety Authority (HISA) is unconstitutional. The Court released a 45-page ruling, finding that HISA violates Article II, Section 1, Clause 1, of the U.S. Constitution.

The ruling states that HISA's enforcement provisions violate the private nondelegation doctrine. The statute empowers the Authority to investigate, issue subpoenas, conduct searches, levy fines, and seek injunctions without the Federal Trade Commission's approval. The case involves the National Horsemen's Benevolent and Protection Association (HBPA) and 12 state associations against HISA.

National HBPA CEO Eric Hamelback issued a statement on June 11. "We have been fighting this battle for the constitutional rights of horsemen for over five years, and we continue to win," Hamelback said. He added, "It is just common sense that Congress cannot make a private corporation the judge, jury and executioner of our industry."

HISA CEO Lisa Lazarus said in a statement, "Although expected, we are still disappointed by the Fifth Circuit's ruling." HISA retains authority to oversee horseracing safety programs and rules in Kentucky and nationally despite the ruling. HISA oversees medication usage, lab accreditations, racetrack safety programs, and safety improvements for injuries to horses and jockeys.

Congress established HISA in 2020 to create uniform enforcement across thoroughbred racing. U.S. Representative Andy Barr and U.S. Senate Majority Leader Mitch McConnell supported the creation of HISA. In a 2020 statement, Barr advocated for a horseracing authority to "protect equine athletes and strengthen confidence and international competitiveness in the sport." The legislation establishing HISA was attached to the 2020 bi-partisan COVID stimulus package.

HISA operates as a private, self-regulatory, not-for-profit agency under the oversight of the Federal Trade Commission. It generates funding by collecting fees from racetracks across several jurisdictions where its safety programs apply. The Fifth Circuit Court of Appeals previously ruled in November 2022 that HISA was an unconstitutional violation of the private nondelegation doctrine. The Court ruled in July 2024 that Congress had illegally given executive powers to the private corporation. Legal battles involving HISA are ongoing in West Virginia and Louisiana.