National Horsemen’s Benevolent and Protective Association v. Black
United States Court of Appeals for the Fifth Circuit
53 F.4th 869 (2022)
- Written by Eric Miller, JD
Facts
In 2020, Congress passed the Horseracing Integrity and Safety Act (HISA) for the purpose of establishing uniform rules to govern the horseracing industry at a national level. HISA created the Horseracing Integrity and Safety Authority (the authority) (defendant), a private entity empowered to develop new rules and submit them to the Federal Trade Commission (FTC) (defendant) for approval. The FTC was required to approve any proposed rules that were consistent with HISA’s purpose. The FTC could suggest—but not order—changes to proposed rules. The National Horsemen’s Benevolent and Protective Association and 12 affiliates (collectively, Horsemen) (plaintiffs) brought suit against the authority and the FTC in federal district court, alleging unconstitutionality. The court granted a motion to dismiss, holding that the authority was appropriately subordinate to the FTC. Horsemen appealed to the United States Court of Appeals for the Fifth Circuit.
Rule of Law
Issue
Holding and Reasoning (Duncan, J.)
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