The Supreme Court has decided to maintain national medication and anti-doping regulations for horse racing amid ongoing legal disputes that are expected to reach the justices.
On Monday, the court put a hold on a decision from the 5th U.S. Circuit Court of Appeals, which had determined that Congress had granted excessive authority to the Horseracing Integrity and Safety Authority (HISA), a private organization responsible for enforcing these regulations.
Contrary to this ruling, other appellate courts have dismissed similar challenges, indicating that the Supreme Court may need to intervene to address the discrepancies in the judicial findings.
The authority has gained support from the Biden administration, Senate Republican leader Mitch McConnell from Kentucky, among others, and has therefore requested an emergency order from the Supreme Court.
In contrast, Texas and various racetracks in both Texas and neighboring Louisiana have opposed this emergency request.
The anti-doping program, initiated in the spring of 2023, aims to create a centralized approach to testing racehorses for drugs, manage the test results, and impose consistent penalties on horses and trainers, moving away from the inconsistent regulations that have existed across 38 racing states.
According to HISA lawyers, this new program has resulted in a 50% reduction in horse fatalities at tracks that are participating.
In contrast, the data shows that death rates have increased at other racetracks not under this new system.
Efforts to repeal this newly established authority are underway, as legislation aimed at dismantling it has been introduced in the House of Representatives, although it has yet to advance.