The U.S. Sixth Circuit Court of Appeals has reaffirmed an earlier ruling that held that the enabling legislation creating the Horseracing Integrity and Safety Authority passes constitutional muster. The ruling – the third in which the Sixth Circuit court affirmed HISA’s constitutionality – will have no immediate impact on the day-to-day regulation of horseracing in any state. The Sixth Circuit is one of three courts that are considering the constitutionality of the enabling legislation, in part because of a directive from the Supreme Court. Still, the ruling is likely to buttress HISA’s arguments in both the Fifth Circuit Court of Appeals and the Eighth Circuit, which have both issued rulings finding fault in the legislation. The Eighth Circuit ruling has prevented HISA from having jurisdiction in both West Virginia and Louisiana, while the Fifth Circuit has twice ruled against HISA, although its second ruling was far more narrowly constructed than its initial decision. Both the Sixth Circuit and the Fifth Circuit were asked to review their earlier decisions by the U.S. Supreme Court after it decided a case earlier this year dealing with similar constitutional issues. That ruling upheld the constitutionality of a federal program regulated by a private company, seemingly swaying the argument in HISA’s favor. :: Access the most trusted data and information in horse racing! DRF Past Performances and Picks are available now. Judge Jeffey Sutton, the chief judge of the Sixth Circuit, wrote in the opinion that oversight of HISA by the Federal Trade Commission satisfied the requirements of the so-called non-delegation principle of the constitution, an opinion he had outlined in both of his previous rulings. “The authority yields to FTC supervision and lacks the final say over rulemaking and enforcement of the law, all tried and true hallmarks of an inferior body,” Sutton wrote. “The FTC’s power to review proposed rules, to abrogate existing rules, and to add new rules makes clear who is in charge and who has the final say.” HISA was created by a law passed in 2020. After initial challenges to the law raised issues over the FTC’s authority, the law was amended in 2022 to add language that supporters of HISA favored, an amendment that led to the Fifth Circuit’s more narrow second ruling. In a statement, HISA said that it was “pleased with the decision rendered by the Sixth Circuit once again affirming HISA’s constitutionality and finding that the private nondelegation challenge against the Horseracing Integrity and Safety Act has no merit.” A collection of racetracks, horsemen’s organizations, racing commissions, and state attorneys general have filed numerous challenges to HISA since the enabling legislation was passed, leading to the multiple outcomes in various federal courts. The Eighth Circuit has asked parties to the suit in its jurisdiction to file briefs by Monday. The Fifth Circuit is not likely to proceed with its re-litigation of the suit until early next year. If the circuit courts remain divided on HISA’s constitutionality, the Supreme Court would likely be asked once again to rule on the issue. :: Want to learn more about handicapping and wagering? Check out DRF's Handicapping 101 and Wagering 101 pages.