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Federal Trade Commission, et al. v. National Horsemen's Benevolent and Protective Association, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-10520 · judgment July 5, 2024


GVR'd · June 30, 2025
Pre-decision estimate: 32% cert probability (95% interval 24%–41%)

Before the decision, about 7.7× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Fifth Circuit decision below.

Question presented

Whether the enforcement provisions of the Horseracing Integrity and Safety Act of 2020, 15 U.S.C. 3051 et seq.—which allow the Horseracing Integrity and Safety Authority, a private entity, to assist the Federal Trade Commission in enforcing the statute—violate the private nondelegation doctrine on their face. (I)

Counsel of record

For petitioner
D. John Sauer
Solicitor General

For respondent
Aaron Lloyd Nielson
Office of the Texas Attorney General

Case

Conference history
Distributed for 3 conferences

Related
Vide, 24-433, 24-465, 24-472, 24-489

Proceedings

  1. Aug 01 2025
    Judgment Issued.
  2. Jun 30 2025
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of FCC v. Consumers’ Research, 606 U. S. ___ (2025).
  3. Jun 26 2025
    DISTRIBUTED for Conference of 6/26/2025.
  4. Jan 13 2025
    DISTRIBUTED for Conference of 1/17/2025.
  5. Dec 04 2024
    DISTRIBUTED for Conference of 1/10/2025.
  6. Nov 27 2024
    Supplemental brief of respondents National Horsemen's Benevolent and Protective Association, et al. filed. VIDED.
  7. Nov 12 2024
    Reply of petitioners Federal Trade Commission, et al. filed.
  8. Oct 31 2024
    Brief of respondents Gulf Coast Racing, L.L.C., et al. in opposition filed. VIDED.
  9. Oct 22 2024
    Memorandum of respondents National Horsemen's Benevolent and Protective Ass'n, et al. filed. VIDED.
  10. Oct 22 2024
    Memorandum of respondents State of Texas and the Texas Racing Commission filed. VIDED.
  11. Oct 16 2024
    Petition for a writ of certiorari filed. (Response due November 15, 2024)