Natl Horsemen's Benevolent v. Black
Split Score
What is a Split Score?
This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Reversed in Part
On remand from the Supreme Court, the Fifth Circuit re-examined constitutional challenges to the Horseracing Integrity and Safety Act (HISA). It agreed that Congress’s 2023 amendment cured prior defects in the Authority’s rule-making, but held—contrary to the Sixth and Eighth Circuits—that HISA’s enforcement provisions still violate the private non-delegation doctrine because a private body may investigate, sanction, and litigate without FTC control. The court therefore affirmed most of the district court’s judgment but reversed as to enforcement, declaring those provisions facially unconstitutional.
Circuit Split Identified
Legal Issue
Whether HISA’s delegation of investigative and enforcement powers to the private Horseracing Integrity and Safety Authority violates the private non-delegation doctrine.
Circuit Positions
HISA’s enforcement provisions violate the private nondelegation doctrine because the Authority may investigate, subpoena, sanction, and sue without prior FTC control.
HISA’s enforcement provisions are constitutional; the FTC’s post-hoc review and rule-making authority render the Authority subordinate to the agency.
Conflict Summary
The Fifth Circuit holds that HISA’s enforcement provisions unconstitutionally delegate executive power to a private entity not subordinate to the FTC, while the Sixth and Eighth Circuits have held the same provisions constitutional, concluding that the FTC’s rule-making and de-novo sanction review provide sufficient governmental control.