In a surprising turn of events, Justice Ketanji Brown Jackson emerges as the sole dissenting voice in a crucial Supreme Court decision concerning the future of horse racing regulations in America.
According to Newsweek, the Supreme Court voted 8-1 to maintain the Horseracing Integrity and Safety Authority's (HISA) regulatory powers over national medication and anti-doping rules, pending their decision to hear the case. The ruling temporarily preserves HISA's authority despite challenges from Texas and other plaintiffs.
Justice Jackson's dissenting opinion stems from her view that the case lacks the urgency required for emergency intervention. Her position stands in stark contrast to her colleagues' unified support for maintaining HISA's regulatory framework.
The $3.6 billion horse racing industry has faced increasing pressure to address safety concerns and regulate doping practices. Congress established HISA in 2020 to create uniform safety standards across the United States racing industry.
HISA's implementation in May 2023 marked a significant shift in racing oversight, placing the authority under Federal Trade Commission supervision. The organization's influence extends across state lines, affecting racetracks nationwide.
The authority's impact has been substantial, with lawyers reporting a 50 percent decrease in horse deaths at participating racetracks. This improvement demonstrates the effectiveness of centralized oversight and standardized safety protocols.
The Fifth Circuit Court of Appeals initially ruled HISA's enforcement powers unconstitutional, citing violations of the private non-delegation doctrine. This decision threatened to disrupt the industry's newly established safety measures.
A contrasting ruling from the Sixth Circuit Court of Appeals, which upheld HISA's constitutionality, has created a judicial split. The divergent opinions increase the likelihood of the Supreme Court ultimately hearing the case. Justice Jackson expressed her position through her dissent, stating, "I see no reason for us to intervene in an emergency posture."
Senate Republican Leader Mitch McConnell and Representatives Paul Tonko and Andy Barr have actively supported HISA's mission. Their amicus brief to the Supreme Court stated:
Thoroughbred racing has made great strides since 2019, when a series of equine fatalities threatened one of America's oldest and most storied sports. The reason for these advances is HISA — bipartisan legislation, the work of many Congresses and of two Administrations, one of each party
The authority's supporters point to significant improvements in racing safety, including a 38 percent reduction in equine fatalities during 2024's first quarter. These statistics bolster arguments for maintaining HISA's regulatory framework.
HISA's anti-doping program, implemented in 2023, has revolutionized horse drug testing and penalty management. The centralized approach has proven more effective than previous state-by-state regulations.
Opposition from racetracks in Texas and Louisiana highlights ongoing resistance to federal oversight. However, the Supreme Court's decision to maintain HISA's authority suggests a preference for unified safety standards. The program's success in reducing fatalities has strengthened support for continued federal oversight despite legislative attempts to dismantle the authority in the House of Representatives.
The Supreme Court's ruling maintains HISA's regulatory authority while constitutional questions remain unresolved. This decision reflects the judiciary's recognition of the racing industry's need for consistent safety standards. The significant reduction in equine fatalities under HISA's oversight demonstrates the effectiveness of centralized regulation in protecting both horses and jockeys.
