Supreme Court denies certiorari in HISA case

Columbus, OH – On Monday (June 24), the United States Supreme Court denied certiorari in Oklahoma v. United States, in which U.S. Trotting (USTA) and numerous other plaintiffs challenged the constitutionality of the Horseracing Integrity and Safety Act (HISA). Denial of certiorari expresses no position on the merits of cases not taken up.

The denial effectively ends the USTA’s litigation challenging HISA’s constitutionality but does not conclude the legal fight itself. In November 2022, the Fifth Circuit ruled HISA unconstitutional in a case filed by the National Horsemen’s Benevolent Association and 12 of its affiliates. Parts of the law subsequently were rewritten, and the case is being reheard by the same judicial panel. Oral arguments were made in October.

“It’s well known that the Supreme Court only takes about 80 out of 8,000 discretionary cases filed, and we in racing know a longshot when we see one,” said USTA President Russell Williams. “But HISA threatens to turn the racing industry into a club sport, so we are extremely disappointed. Given that the plaintiffs in our case include several states, a Cherokee Nation entity, and several tracks and breeders along with US Trotting, our disappointment is felt at the highest levels.

“If the Fifth Circuit strikes HISA down again, the Supreme Court likely will hear the claim that the Constitution forbids delegating governmental authority to a private entity. We shall remain vigilant to make sure that the HISA Authority does not arbitrarily prefer optics to science.”

From the USTA