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Gulf Coast Racing LLC., et al. v. Horseracing Integrity and Safety Authority, Incorporated, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-10520 · judgment June 11, 2026


28%
estimated cert probability
(petition-stage, structural)
95% interval 18%–39%
Rule 10: dissent below, circuit split argued

About 6.7× the 4.1% base rate. The model weights this up for a Fifth Circuit decision below, a petition citing more than ten dissents, and a circuit split argued in the petition.

Questions presented

  1. Whether Congress, when empowering the Horseracing Integrity and Safety Authority with exclusive nationwide rulemaking, investigative, prosecutorial, and adjudicatory authority under federal law, had to comply with the Appointments Clause despite the Authority having incorporated as a “private” nonprofit corporation under Delaware law mere weeks before the law’s enactment.

  2. If the Directors of the Horseracing Integrity and Safety Authority do not require appointments under the Appointments Clause, whether the Horseracing Integrity and Safety Act nevertheless violates the private-nondelegation doctrine by vesting the Authority with nationwide regulatory and enforcement authority.

Counsel of record

For petitioner
Gregory Philip Sapire
Maynard Nexsen PC

For respondent
D. John Sauer
Solicitor General

Case

Conference history

Related
Vide, 26-199, 26-201

Proceedings

  1. Sep 09 2026
    Petition for a writ of certiorari filed. (Response due October 13, 2026)