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Horseracing Integrity and Safety Authority v. National Horsemen’s Benevolent and Protective Association

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Emergency application for stay of mandate is granted on Oct. 28, 2024.
Docket No. Op. Below Argument Opinion Vote Author Term
24A287 5th Cir. TBD TBD TBD TBD OT 2024

Issue: Whether the Horseracing Integrity and Safety Act’s enforcement provisions facially violate the private-nondelegation doctrine.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 19 2024Application (24A287) for a stay, submitted to Justice Alito.
Sep 23 2024Order entered by Justice Alito: Upon consideration of the application of counsel for the applicants, it is ordered that the mandate of the United States Court of Appeals for the Fifth Circuit, case No. 23-10520, is hereby administratively stayed pending further order of Justice Alito or of the Court. It is further ordered that a response to the application be filed on or before Monday, September 30, 2024, by 4 p.m. (EDT).
Sep 23 2024Response to application from respondent United States filed.
Sep 24 2024Brief amicus curiae of Senator Mitch McConnell and Representatives Paul Tonko and Andy Barr filed.
Sep 25 2024Brief amicus curiae of Shannon Arvin, et al. filed.
Sep 30 2024Response to application from respondent Gulf Coast Racing L.L.C., LRP Group, Limited, Valle de Los Tesoros, Limited, Global Gaming LSP, L.L.C., and Texas Horsemen's Partnership, L.L.P. filed.
Sep 30 2024Response to application from respondent National Horsemen's Benevolent & Protective Association filed.
Sep 30 2024Response to application from respondent Texas and the Texas Racing Commission filed.
Oct 02 2024Reply of applicants Horseracing Integrity and Safety Authority, Incorporated, et al. filed.
Oct 28 2024Application (24A287) referred to the Court.
Oct 28 2024Application (24A287) for stay of the mandate presented to Justice Alito and by him referred to the Court is granted. The mandate of the United States Court of Appeals for the Fifth Circuit, case No. 23–10520, is stayed pending the disposition of the petition for a writ of certiorari, case No. 24– 433. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the issuance of the judgment of this Court. Justice Jackson, dissenting from the grant of stay (Detached Opinion).