Both sides seeking Supreme Court review of HISA * The Racing Biz

Both sides seeking Supreme Court review of HISA

Plaintiffs and defendants agree

Press Release
September 15, 2026

Last week, the National Horsemen’s Benevolent and Protective Association (HBPA) and 12 state affiliates filed a response and cross-petition with the U.S. Supreme Court following their win in the Fifth Circuit Court of Appeals, which declared the Horseracing Integrity and Safety Act (HISA) unconstitutional.

After the HISA Authority and the Federal Trade Commission (FTC) lost in the Fifth Circuit for the third time in June, both filed petitions in August requesting the Supreme Court to review the case during its upcoming term, which begins in October.

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Last week, the National HBPA agreed that its case is important for Supreme Court review. The Fifth Circuit decision created a circuit split with the Sixth Circuit, making a nationwide resolution best for horsemen. In its cross-petition, the National HBPA asked the Court to review not only whether HISA unlawfully delegates executive power to a private corporation but also whether it unlawfully delegates legislative power. The State of Texas, which joined the HBPA’s lawsuit several years ago, filed a similar cross-petition.

National HBPA CEO Eric Hamelback issued the following statement:

“The National HBPA agrees with all parties that the constitutionality of HISA is a serious and important question that should be decided, once and for all, by the Supreme Court. When we began this fight to defend the constitutional rights of horsemen more than five years ago, we predicted that it would ultimately end up before the Supreme Court, and we are hopeful that will happen in the coming weeks.

“We are confident that when the Court examines the unprecedented way our entire industry is being regulated by a private corporation, it will agree with us that HISA is unconstitutional. Congress cannot make a private corporation the judge, jury and executioner of our member horsemen and horsewomen.”