Supreme Court of the United States · Official docket →
Oklahoma, et al. v. United States, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 22-5487 · judgment March 3, 2023
(petition-stage, structural)
About 1.5× the 4.1% base rate. The model weights this up for counsel who has won certiorari before, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below.
Questions presented
The Horseracing Integrity and Safety Act of 2020, 15 U.S.C. §§ 3051–3060, delegates federal rulemaking power to a private corporation—the Horseracing Integrity and Safety Authority (the “Authority”)—to govern the horseracing industry. The Federal Trade Commission must promulgate the private Authority’s rules as federal law, even if it disagrees with them as a policy matter, so long as they are “consistent” with the Act. The Act also gives the Authority the power to enforce its rules against regulated parties in federal court. And the Authority possesses numerous other federal powers, including the power to impose sanctions, issue subpoenas, and conduct investigations. Congress did not appropriate any federal money to fund this program; instead, the Act requires the States either to remit fees to the Authority or else lose their longstanding power to tax the horseracing industry. After the Fifth Circuit held that the Act violated the private non-delegation doctrine, Congress amended the law to allow the Federal Trade Commission to undertake its own after-the-fact notice-andcomment rulemaking process if it wished to try to amend the Authority’s rules. Congress otherwise left the law—and all the Authority’s powers—in place. The Sixth Circuit then upheld the amended law. The questions presented are:
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Does the Act violate the private non-delegation doctrine?
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Does the Act violate the anti-commandeering doctrine by coercing States into funding a federal regulatory program?
Counsel of record
For petitioner
Matthew Dempsey McGill
Gibson, Dunn & Crutcher LLP
For respondent
D. John Sauer
Solicitor General
Argument & decision
Decided August 1, 2025.
Proceedings
- Aug 01 2025Judgment Issued.
- Jun 30 2025The petition for rehearing is granted. The order entered June 24, 2024, denying the petition for a writ of certiorari is vacated. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of FCC v. Consumers’ Research, 606 U. S. ___ (2025).
- Jun 26 2025DISTRIBUTED for Conference of 6/26/2025.
- Jan 13 2025DISTRIBUTED for Conference of 1/17/2025.
- Dec 04 2024DISTRIBUTED for Conference of 1/10/2025.
- Nov 25 2024Rescheduled.
- Nov 20 2024DISTRIBUTED for Conference of 12/6/2024.
- Nov 18 2024Reply of petitioner Hanover Shoe Farms, Inc. and United States Trotting Association filed. (Distributed)
- Nov 06 2024Response to petition for rehearing from Federal Respondents filed.
- Nov 06 2024Response to petition for rehearing from respondents Horseracing Integrity and Safety Authority, Inc., et al. filed.
- Oct 07 2024Respondents are requested to file a response to the petition for rehearing within 30 days (Response due November 6, 2024).
- Sep 11 2024DISTRIBUTED for Conference of 9/30/2024.
- Jul 25 2024DISTRIBUTED.
- Jul 18 2024Petition for Rehearing filed.
- Jun 24 2024Petition DENIED.
- Jun 04 2024DISTRIBUTED for Conference of 6/20/2024.
- Jun 03 2024Reply of petitioners Oklahoma, et al. filed. (Distributed)
- May 17 2024Brief of Federal Respondents in opposition filed.
- May 17 2024Brief of respondents Horseracing Integrity and Safety Authority, Inc. in opposition filed.
- Apr 02 2024Motion to extend the time to file a response is granted and the time is extended to and including May 17, 2024, for all respondents.
- Apr 01 2024Motion to extend the time to file a response from April 17, 2024 to May 17, 2024, submitted to The Clerk.
- Mar 06 2024Motion to extend the time to file a response is granted and the time is further extended to and including April 17, 2024, for all respondents.
- Mar 04 2024Motion to extend the time to file a response from March 18, 2024 to April 17, 2024, submitted to The Clerk.
- Feb 05 2024Motion to extend the time to file a response is granted and the time is extended to and including March 18, 2024, for all respondents. See Rule 30.1.
- Feb 02 2024Motion to extend the time to file a response from February 16, 2024 to March 17, 2024, submitted to The Clerk.
- Jan 05 2024Motion to extend the time to file a response is granted and the time is further extended to and including February 16, 2024, for all respondents.
- Jan 03 2024Motion to extend the time to file a response from January 17, 2024 to February 16, 2024, submitted to The Clerk.
- Nov 22 2023Motion to extend the time to file a response is granted and the time is further extended to and including January 17, 2024, for all respondents.
- Nov 21 2023Motion to extend the time to file a response from December 18, 2023 to January 17, 2024, submitted to The Clerk.
- Nov 16 2023Brief amicus curiae of Scott Dilworth filed.
- Nov 16 2023Brief amicus curiae of North American Association of Racetrack Veterinarians filed.
- Nov 16 2023Brief amici curiae of Standardbred Owners Association of New York, et al. filed.
- Nov 16 2023Brief amici curiae of Arkansas, et al. filed.
- Nov 15 2023Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
- Oct 24 2023Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2023.
- Oct 20 2023Motion to extend the time to file a response from November 16, 2023 to December 18, 2023, submitted to The Clerk.
- Oct 13 2023Petition for a writ of certiorari filed. (Response due November 16, 2023)
- Jul 18 2023Application (23A34) granted by Justice Kavanaugh extending the time to file until October 15, 2023.
- Jul 12 2023Application (23A34) to extend the time to file a petition for a writ of certiorari from August 16, 2023 to October 15, 2023, submitted to Justice Kavanaugh.