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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 June 11, 2026


64%
estimated cert probability
(petition-stage, structural)
95% interval 54%–73%
Rule 10: dissent below

About 15.6× the 4.1% base rate. The model weights this up for a federal-government petitioner, counsel who has won certiorari before, and a petition filed soon after the judgment below.

Question presented

Whether the enforcement provisions of the Horseracing Integrity and Safety Act of 2020, 15 U.S.C. 3051 et seq.—which authorize 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.

Counsel of record

For petitioner
D. John Sauer
Solicitor General

For respondent

Case

Conference history

Related
Vide, 26-199

Proceedings

  1. Aug 14 2026
    Petition for a writ of certiorari filed. (Response due September 16, 2026)