Supreme Court of the United States · Official docket →
Gulf Coast Racing, L.L.C., 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
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether Congress can empower a purportedly private nonprofit entity to regulate an entire industry nationwide through rulemaking, adjudication, and enforcement powers, and therefore to exercise significant authority pursuant to the laws of the United States, without proper appointments under the Appointments Clause of the U.S. Constitution.
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In the alternative, whether statutorily empowering a private nonprofit corporation to regulate an entire industry nationwide through rulemaking, adjudication, and enforcement violates the private nondelegation doctrine.
Counsel of record
For petitioner
Gregory Philip Sapire
Maynard Nexsen PC
For respondent
D. John Sauer
Solicitor General
Proceedings
- Aug 01 2025Judgment Issued.
- Jun 30 2025Petition GRANTED. Judgment VACATED and case REMANDED 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 26 2024Reply of petitioners Gulf Coast Racing L.L.C., et al. filed.
- Nov 21 2024Brief of Federal Respondents in opposition filed. VIDED.
- Nov 12 2024Brief of respondents Horseracing Integrity and Safety Authority, Inc., et al. in opposition filed. VIDED.
- Oct 28 2024Petition for a writ of certiorari filed. (Response due December 2, 2024)