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

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.

DateProceedings and Orders (key to color coding)
09/19/2024Application (24A287) for a stay, submitted to Justice Alito.
09/23/2024Order 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).
09/23/2024Response to application from respondent United States filed.
09/24/2024Brief amicus curiae of Senator Mitch McConnell and Representatives Paul Tonko and Andy Barr filed.
09/25/2024Brief amicus curiae of Shannon Arvin, et al. filed.
09/30/2024Response 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.
09/30/2024Response to application from respondent National Horsemen's Benevolent & Protective Association filed.
09/30/2024Response to application from respondent Texas and the Texas Racing Commission filed.
10/02/2024Reply of applicants Horseracing Integrity and Safety Authority, Incorporated, et al. filed.
10/28/2024Application (24A287) referred to the Court.
10/28/2024Application (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).