The Supreme Court has granted permission for an independent authority to enforce a federal anti-doping law within the horse racing industry. This law, known as the Horseracing Integrity and Safety Act, was enacted in response to a series of thoroughbred fatalities and corruption scandals that have plagued the industry in recent years.
Congress passed the law in 2020, creating the Horseracing Integrity and Safety Authority to oversee enforcement. The law aims to address the high rate of race-related injuries and fatalities among thoroughbreds in the United States, which has raised concerns both within the industry and among animal rights groups.
A three-judge panel of the 5th US Circuit Court of Appeals upheld most of the law but struck down the authority's enforcement power, citing constitutional concerns over the delegation of powers to a private entity without oversight from the Federal Trade Commission.
While the Supreme Court's recent order specifically pertains to the horse racing industry, the decision on the merits of the case could have broader implications for federal agencies delegating powers to private entities. This issue is also being raised in other pending appeals before the Court, including a case involving the Universal Service Fund.
The law, signed by former President Donald Trump with bipartisan support, is being challenged by the National Horsemen's Benevolent and Protective Association, representing horse owners and breeders. The industry has a history of doping scandals, with high-profile cases involving trainers like Bob Baffert.
Baffert, who was banned following a doping scandal involving his horse Medina Spirit, has since been reinstated after facing consequences for the incident. In addition to individual cases, the industry has also seen indictments for a scheme involving performance-enhancing drugs.
Justice Ketanji Brown Jackson dissented from the Court's decision on technical grounds, questioning the need for immediate intervention in the case given the pending questions on the merits docket.
