Following a saga of thoroughbred fatalities, an independent authority was granted permission to impose a federal anti-doping law for the horse racing industry by the Supreme Court of the United States.
In 2020, Congress passed the Horseracing Integrity and Safety Act. This was introduced in the wake of highly publicised corruption within the horse racing industry and following thoroughbred fatalities.
From this, the Horseracing Integrity and Safety Authority also emerged. This is a private enforcement authority which is supervised by the Federal Trade Commission (FTC).
In 2019, 441 thoroughbreds died from race-related injuries in the US. Between 2009 and 2021, more than 7,200 horses in the US died or were euthanised due to race-related injuries and illnesses according to the Jockey Club, which maintains the Thoroughbred registry.
A three-judge panel of the 5th US Circuit Court of Appeals supported most of the act but disagreed with the private enforcement power of the authority. The panel argued that “it is forbidden by the Constitution” for private authorities to “issue subpoenas, conduct searches [and] levy fines” without approval from the FTC which is what the enforcement of the act allowed.
This case has raised questions about the delegation of power by federal agencies to private entities.
It has even brought into question whether the Federal Communications Commission can “delegate” the levying of the Universal Service Fund to the private entity that administers it. The case has made people consider the benefits and/or challenges that may arise if federal agencies gradually continue to lose power.
The horse racing industry has been riddled by several scandals. A recent example includes US trainer Bob Baffert whose horse, Medina Spirit, failed a drug test after winning the 2021 Kentucky Derby. Baffert has since been reinstated following a three-year suspension.
Additionally, in 2020, over two dozen individuals associated with the industry were indicted for participating in a scheme to administer performance-enhancing drugs to horses to improve their chances of winning races worldwide.
The court’s one-paragraph order can be found here: https://www.supremecourt.gov/opinions/24pdf/24a287_e1p3.pdf
