HISA's Standing Could Be in Jeopardy

The Horseracing Integrity and Safety Authority (HISA) is a private regulatory agency that was established in 2026 to oversee regulations set for the U.S. horse racing industry. Its primary function is to monitor activities that put horses in jeopardy due to unfair or illegal training practices. It was established in 2020 by the federal Horseracing Integrity and Safety Act of 2020.

Over six years of enforcing horse racing industry regulations, it has fined and suspended dozens of trainers for illicit training practices, including doping. This is the group that fought against leading trainer Bob Baffert when he was banned from running for three years at Churchill Downs due to doping concerns.

In recent years, the constitutionality of HISA's relationship to the federal government has been called into question.

In 2025, the U.S. Fifth Circuit Court ruled that the Federal Trade Commission was not exercising enough oversight over HISA to qualify the organization under the “private non-delegation doctrine.” With that ruling, the court basically nullified HISA's authority over the horse racing industry based on the idea that federal agencies cannot arbitrarily abdicate power to private agencies without following certain rules established by law.

It's worth noting that earlier this year, the Sixth Circuit Court ruled to the contrary on HISA's constitutionality. This sets up the possibility that the U.S. Supreme Court will have to decide this case at a later date.

As one would expect, the ruling was appealed.

Fifth Circuit Court of Appeals Upholds Ruling

Both horsemen and horse racing fans have a vested interest in this case. For horse racing bettors, it matters because of the high demand for integrity in the industry.

The Fifth Circuit Court of Appeals recently upheld the ruling by the lower court. This represents a major blow to HISA's standing within the industry. In states like Texas, Louisiana, and Mississippi, jurisdictional issues have kept HISA from enforcing its ruling, deferring to state-run authorities.

While HISA representatives have been arguing that the agency does have a subordinate role, there is evidence to the contrary. In its ruling, the Fifth Circuit judges issued the following language:

“A private entity that can investigate potential violations, issue subpoenas, conduct searches, levy fines, and seek injunctions – all without the say-so of [the FTC] – does not operate under that agency’s ‘authority and surveillance.' ”

With the battle far from over, it's worth pointing out that the original case was filed by the National Horsemen’s Benevolent and Protective Association, along with 12 affiliated groups from various states where horse racing is popular.

According to Peter Ecabert, the National HBPA’s general counsel, the organization “will fight this legal battle all the way to the Supreme Court if we have to."

With industry integrity on the line, this issue needs to be resolved. Retail and online bettors have a right to know exactly what authorities are overseeing their interests when they place wagers.

With a jammed docket, it's not clear when SCOTUS would hear this case.