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.
SOURCE
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 …”
