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ARTICLE · 28 JUNE 2026

HISA Federal Litigation Update

Jones Walker LLP
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The United States Supreme Court's involvement in challenges to the Horseracing Integrity and Safety Authority has created a complex legal landscape with conflicting circuit court decisions. Federal appeals courts in different jurisdictions have reached opposing conclusions about HISA's constitutionality under the private non-delegation doctrine, setting the stage for potential Supreme Court intervention. The ongoing legal battle affects horse racing operations across multiple states, with varying enforcemen

United StatesGovernment, Public Sector
Laura D'Angelo
Laura D'Angelo

In mid 2025, the United States Supreme Court agreed to accept “cert” or certiorari to hear three cases brought by various state and horsemen’s groups in the 5th, 6th, and 8th Federal District Court circuits challenging the Horseracing Integrity and Safety Authority’s (HISA) constitutionality primarily under the private non-delegation doctrine.

The 5th Circuit includes Texas and Louisiana; the 6th Circuit includes Kentucky and Ohio; and, the 8th Circuit includes Arkansas and Iowa.

Prior to June 2025, the 5th Circuit (National HBPA v. Black 23-10520) held HISA to be unconstitutional while the 6th (State of Oklahoma v. United States, No. 22-5487) and 8th Circuits (Walmsley v. FTC 23-2687) found HISA to be constitutional in light of some recent changes in rule making authority and oversight. The non-delegation doctrine essentially provides that Congress and its agencies cannot delegate its core constitutional powers to another branch or private group. 

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