In a significant ruling, the Supreme Court voted 8-1 to uphold a lower court’s stay, allowing the Horseracing Integrity and Safety Authority (HISA) to enforce national medication and anti-doping standards across U.S. horse racing tracks. Justice Ketanji Brown Jackson dissented, emphasizing the lack of urgency for emergency intervention.
The Authority, established by Congress in 2020, was tasked with creating uniform safety standards for an industry that generates $3.6 billion annually. Following recent high-profile equine fatalities, HISA’s oversight has aimed to enhance safety measures for horses and jockeys alike, and early results show a 50% decrease in horse deaths at participating tracks since the anti-doping program began in 2023.
Despite bipartisan support, a legal battle ensued when the Fifth Circuit Court of Appeals ruled that HISA’s regulatory powers violated the non-delegation doctrine by granting excessive authority to a private entity. This decision clashed with the Sixth Circuit, which upheld HISA’s constitutionality under Federal Trade Commission (FTC) oversight, creating a judicial split that may compel the Supreme Court to address the issue fully.
With backing from the Biden administration and Senator Mitch McConnell, HISA’s supporters argue it has revitalized the sport’s integrity and sustainability. The House has introduced legislation to dismantle HISA. Yet, advocates highlight the measurable reduction in fatalities and improvement in the industry’s regulatory standards as a compelling case for HISA’s continued role.
The Court’s final decision is anticipated to reshape the landscape of American horse racing.