Supreme Court will not hear challenge to ruling upholding HISA

The Supreme Court announced Monday that it will not hear an appeal of the Sixth Circuit Court of Appeals ruling that the Horseracing Integrity and Safety Act is constitutional.

The Supreme Court did not discuss any legal principles, including the validity of HISA, stating only that it was denying the plaintiffs’ petition for certiorari. Such a petition is the typical way to ask the Supreme Court to review the ruling of a lower court, and a terse response denying certiorari is standard when the court chooses not to hear a case. The decision was previously reported by Thoroughbred Daily News.

Plaintiffs included a mix of government and private entities across Thoroughbred, standardbred and quarter-horse racing, the states of Oklahoma, Louisiana and West Virginia, the racing commissions in each state, the Oklahoma Quarter Horse Association, the U.S. Trotting Association, Fair Meadows, Remington Park, Will Rogers Downs and Hanover Shoe Farms.

A three-judge panel of the Sixth Circuit Court of Appeals released an opinion March 3, finding unanimously that HISA was constitutional. The plaintiffs appealed, asking for the case to be reviewed by the entire panel of 28 judges. That request for an en banc rehearing was denied, leading the states to appeal to the Supreme Court.

National Thoroughbred Racing Association president and CEO Tom Rooney lauded the Supreme Court’s decision not to hear the appeal, and encouraged the racing community to unite behind the rules.

“Today’s Supreme Court ruling affirming the constitutionality of the Horseracing Integrity and Safety Act represents a significant step forward in ensuring the safety and integrity of Thoroughbred racing,” Rooney said in a Monday statement. “This decision will allow HISA to continue its work to protect the health and safety of equine athletes, thereby fostering greater confidence and integrity in the sport of Thoroughbred racing. The impact of HISA’s regulations is already evident. During the first quarter of 2024, racetracks operating under HISA reported a substantial 38 percent reduction year over year in racing-related equine fatalities. These positive improvements demonstrate the efficacy of HISA’s centralized approach in enhancing the welfare of racehorses and promoting a safer racing environment.

“It is time for all parties to stop their internal fighting and support HISA as the law of the land.”