Texas Tech Law Review
Fifth Circuit
Case summaries and survey coverage of decisions from the United States Court of Appeals for the Fifth Circuit.
HOLD YOUR HORSES, HISA: THE FIFTH CIRCUIT HOLDS THAT THE HORSE INTEGRITY AND SAFETY ACT VIOLATES THE PRIVATE NON-DELEGATION DOCTRINE
Nat’l Horsemen’s Benevolent & Protective Ass’n v. Black
In 2020, Congress enacted the Horse Integrity and Safety Act (HISA) to provide the horseracing industry with standard rules regarding racetrack safety and medication control. Furthermore, HISA empowers the Horseracing Integrity and Safety Authority (Horseracing Authority)—a private entity—with rulemaking authority. Roughly a year later, the National Horsemen’s Benevolent and Protective Association (NHBPA), among other organizations, sued the Federal Trade Commission (FTC) on several constitutional grounds,…