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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


39%
estimated cert probability
(petition-stage, structural)
95% interval 27%–52%

About 9.4× 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, and down for a petition of 3,000 to 6,000 words.

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
William Robert Peterson
Office of the Texas Attorney General

Case

Subject area
Miscellaneous (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
—

Amicus briefs
1 cert-stage

Proceedings

  1. Sep 30 2026
    Reply of petitioners Federal Trade Commission, et al. filed.
  2. Sep 16 2026
    Response to petition from respondents Gulf Coast Racing, L.L.P et al. filed. VIDED.
  3. Sep 16 2026
    Response to petition from respondents Texas, et al. filed. VIDED.
  4. Sep 16 2026
    Brief amicus curiae of Repole Stable, Inc. filed. VIDED.
  5. Sep 11 2026
    Response to petition from respondents National Horsemen's Benevolent and Protective Association, et al. filed. VIDED.
  6. Aug 14 2026
    Petition for a writ of certiorari filed. (Response due September 16, 2026)