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National Horsemen's Benevolent and Protective Association, et al. v. Horseracing Integrity and Safety Authority, Inc., 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: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

  1. Whether the Horseracing Integrity and Safety Act grants legislative power to a private corporation, the Horseracing Integrity and Safety Authority, Inc., in violation of Article I, Section I, Clause I (“the private non-delegation doctrine”).

Counsel of record

For petitioner
Daniel Robert Suhr
Center for American Rights

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage

Related
Vide, 24-429, 24-433, 24-465, 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. Dec 02 2024
    Reply of petitioners National Horsemen's Benevolent and Protective Association, et al. filed. (Distributed)
  7. Nov 21 2024
    Brief of Federal Respondents in opposition filed. VIDED.
  8. Nov 13 2024
    Brief amicus curiae of North American Association of Racetrack Veterinarians filed.
  9. Nov 12 2024
    Brief of respondents Horseracing Integrity and Safety Authority, Inc., et al. in opposition filed. VIDED.
  10. Oct 22 2024
    Petition for a writ of certiorari filed. (Response due November 29, 2024)