The United States Supreme Court has decided not to include the case concerning the constitutionality of the Horseracing Integrity and Safety Authority (HISA) in its current term, which concludes in June. The justices held their final regularly scheduled conference for this term and did not add the Federal Trade Commission (FTC) versus National Horsemen’s Benevolent and Protective Association (NHBPA) case to the docket. This means that any potential hearing will likely be postponed until after the court reconvenes in October. Representatives from both HISA and NHBPA are preparing statements in response to the delay, while the organization continues its operations as usual in most states.

The legal battle surrounding HISA began when it was established four years ago, receiving official empowerment in July 2022. Since then, the authority has faced challenges from various quarters, leading to conflicting rulings from two federal appeals courts. In one instance, the Fifth Circuit Court of Appeals ruled against HISA, arguing that a private entity should not wield federal power. Conversely, the Sixth Circuit Court of Appeals supported HISA nearly two years ago. The FTC sought intervention from the Supreme Court following the Fifth Circuit's decision, requesting an immediate stay order to maintain HISA's operational status while the higher court deliberated on whether to hear the full case.

The complexity of this issue lies in the differing interpretations of HISA's role and structure. While some argue that it oversteps its bounds by exercising federal authority as a private entity, others believe it is essential for regulating the horseracing industry. The Biden administration had previously urged the Supreme Court to resolve the matter definitively, but with the recent change in presidential administration, the Justice Department has yet to provide further input. As the case remains unresolved, lower courts are expected to continue addressing the matter, potentially leading to more legal battles before a final resolution.

The Supreme Court's decision to defer action on this case underscores the ongoing uncertainty surrounding HISA's future. With the court set to reconvene in October, all eyes will be on how the justices handle this contentious issue. Until then, HISA will continue to operate under its current mandate, overseeing horseracing activities in most states, with the exception of Louisiana, Nebraska, Oregon, Texas, West Virginia, and Wyoming. The delay also highlights the intricate process of judicial review and the time it takes to reach a conclusive verdict on complex constitutional matters.