Upholding HISA Constitutionality

On Monday, the United States Supreme Court announced its decision not to hear an appeal challenging the constitutionality of the Horseracing Integrity and Safety Act (HISA). This decision affirms the ruling of the Sixth Circuit Court of Appeals, which previously upheld the legality of HISA.

Plaintiffs from various sectors of horse racing, including Thoroughbred, standardbred, and quarter-horse racing, as well as states and racing commissions (such as Oklahoma, Louisiana, and West Virginia), challenged the constitutionality of HISA. A three-judge panel of the Sixth Circuit Court of Appeals unanimously ruled on March 3 that HISA is constitutional.

After the initial ruling, plaintiffs requested a review by the entire panel of 28 judges (en banc rehearing), which was denied. The plaintiffs then appealed to the Supreme Court, which declined to hear the case. The court's denial of certiorari is standard when it chooses not to review a lower court's ruling.

Tom Rooney, president and CEO of the National Thoroughbred Racing Association (NTRA), welcomed the Supreme Court's decision. He emphasised the need for unity within the racing community to support and implement HISA effectively. Rooney highlighted the positive impact of HISA's regulations, citing a significant 38% reduction in racing-related equine fatalities during the first quarter of 2024 at tracks operating under HISA. This statistic underscores the law's role in enhancing the welfare and safety standards for racehorses.

With the legal challenge resolved, the focus now shifts to fully implementing HISA across all affected sectors of horse racing. HISA's centralised approach aims to standardise safety and integrity measures nationwide, potentially serving as a model for other aspects of equine sports regulation.

The Supreme Court's decision marks a milestone in the ongoing efforts to improve safety and uphold integrity in Thoroughbred racing under the framework of HISA. As stakeholders move forward, the emphasis will be on collaboration and adherence to the established regulatory framework to benefit the sport and its participants.