HISA Rehearing Appeal Denied by Fifth Circuit

The United States Court of Appeals for the Fifth Circuit has denied a motion from the Horse Racing Integrity and Safety Authority to either vacate the panel’s finding or for a rehearing of their ruling that found HISA unconstitutional, according to a filing by the court today.

The brief order reads, “Appellees Jerry Black, Katrina Adams, Leonard Coleman, Nancy Cox, Joseph Dunford, Frank Keating, Kenneth Schanzer, and Horseracing Integrity and Safety Authority, Inc. have moved to vacate the panel’s opinion in light of Congress’s recent amendment to the Horseracing Integrity and Safety Act. They have also moved for panel rehearing on the same basis. The remaining Appellees—the Federal Trade Commission, Kelly Slaughter, Rohit Chopra, Noah Phillips, and Christine Wilson—have separately moved for panel rehearing, also based on the recent amendment. The motion to vacate the panel’s opinion is DENIED. The motions for panel rehearing are DENIED. The case is REMANDED to the district court for further proceedings. Any further appeal will be to this panel. The mandate shall issue forthwith.”

This story will be updated.

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