The Supreme Court recently decided not to review a challenge to the Horse Racing and Safety Act (HRSA), which was enacted in 2020 and strengthened by Congress in 2022. This federal law established national medication and anti-doping regulations for horse racing. The challenge, brought by Oklahoma, Louisiana, West Virginia, and some racetracks, aimed to overturn a ruling from the Court of Appeals for the 6th Circuit that upheld the law’s constitutionality.
The Horseracing Integrity and Safety Authority (HISA), created by the HRSA, is responsible for overseeing racehorse drug testing and enforcing uniform penalties for violations. HISA’s efforts have led to a significant decrease in equine fatalities, with a 38% decline in the first three months of 2024. Since HISA took over racetrack safety in 2022, the number of horse racing deaths at HISA-controlled tracks has slightly decreased from 1.25 per 1,000 starts in 2022 to 1.23 per 1,000 starts in 2023.
Despite these positive outcomes, some states like Texas, Louisiana, and West Virginia have not adopted HISA’s standards, leading to continued horse racing fatalities at a higher rate in those areas compared to HISA tracks. Additionally, there are ongoing legal cases in the 5th and 8th Circuits challenging the constitutionality of HISA, with the possibility of further developments.
Eric Hamelback, CEO of the National Horsemen’s Benevolent and Protective Association, mentioned that there is still uncertainty surrounding the future of HISA, as a case in the 5th Circuit could impact its fate. While legislation to dismantle HISA was introduced in the House of Representatives, it has not progressed significantly.
Overall, the Supreme Court’s decision to uphold the HRSA and HISA reflects a continued effort to improve the safety and well-being of racehorses in the United States. The impact of uniform standards and centralized oversight on equine fatalities underscores the importance of national regulations in the horse racing industry.
