Tag: Horseracing Integrity and Welfare Unit

OPPOSING THE UNCONSTITUTIONAL HORSERACING INTEGRITY AND SAFETY AUTHORITY: Congressman, Lance Gooden, STANDS UP FOR HORSE RACING!

“Congress should work with State racing commissions to regulate horseracing in a responsible way to ensure racetrack
safety and the economic viability of small tracks across the country.
I will work with any Senator who is willing to stand up for small tracks in the next Congress and fix this broken way of governing.” 
– Congressman Lance Gooden

There is a common disagreement regarding both the constitutionality of HISA and, it’s reach.

Congressman, Lance Gooden, stood on the floor of the Senate and Sounded the ALARM AT THE DOOR that the, “Horseracing Integrity and Safety Act“, was found unconstitutional by the Fifth Circuit Court of Appeals on November 18, 2022.

The court concluded:

“By delegating unsupervised government power to a private entity, HISA violates the private non-delegation doctrine.

We therefore DECLARE that HISA is unconstitutional on that ground.

The district court’s decision is REVERSED and the case is REMANDED for further proceedings consistent with this opinion.”

(Furthermore,)
“… the court conceded that, unlike the agencies examined in any
other private non-delegation case, the FTC lacked any power “to formally modify the Authority’s rules.” Id. at *23. But this was “not fatal” to the Act’s constitutionality, because relevant precedents did not turn on the agency’s power to modify the private entity’s rules, only on its power to “approve or disapprove” them …”

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