Attorneys for the Federal Trade Commission have filed a motion to dismiss a lawsuit filed in the U.S. District Court for Kentucky against the Horseracing Integrity and Safety Act, reports the Daily Racing Form, using similar arguments to those in a dismissal motion against the National HBPA’s suit challenging HISA filed in U.S. District Court for the Northern District of Texas.
The Kentucky lawsuit was filed by a trio of states and their respective racing commissions: Louisiana, Oklahoma, and West Virginia. FTC attorneys argued that the creation of the HISA regulatory body does not violate constitutional doctrines regarding Congress’ delegation of powers to a private entity.
“Adjudicating the merits of plaintiffs’ legal claims now would require the court to evaluate HISA’s framework in the abstract, unaided by any concrete facts or interpretative rules from the agency that Congress charged with the statute’s implementation,” the motion states. “There is no justification for the court treading this path under any circumstances, and it is doubly improper in a constitutional
Read more at the Daily Racing Form.
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