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Horseracing Integrity and Safety Authority, Incorporated, 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: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a petition filed soon after the judgment below.

Question presented

Whether the enforcement provisions of the Horseracing Integrity and Safety Act are facially unconstitutional under the private-nondelegation doctrine. (i)

Counsel of record

For petitioner
Pratik Arvind Shah
Akin Gump Strauss Hauer & Feld, LLP

For respondent
Aaron Lloyd Nielson
Office of the Texas Attorney General

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage

Related
Vide, 24-429, 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 18 2024
    Brief amici curiae of Reason Foundation, et al. filed.
  8. Nov 06 2024
    Reply of petitioners Horseracing Integrity and Safety Authority, Incorporated, et al. filed.
  9. Oct 31 2024
    Brief of respondents Gulf Coast Racing, L.L.C., et al. in opposition filed. VIDED.
  10. Oct 22 2024
    Memorandum of respondents National Horsemen's Benevolent and Protective Association, et al. filed. VIDED.
  11. Oct 22 2024
    Memorandum of respondents Texas and the Texas Racing Commission filed. VIDED.
  12. Oct 15 2024
    Petition for a writ of certiorari filed. (Response due November 18, 2024)