Fifth Circuit Rule No ‘Emergency’ exists to expedite the movement of HISA
Via TD Thornton
The U.S. Fifth Circuit Court of Appeals ruled on Thursday that it would not consider the Horse Racing Integrity and Safety Act (HISA) Administration’s request to rescind the HISA order unconstitutional. Recently there was an “emergency” that required a quick decision.
Instead, the Fifth Circuit told both HISA and a group of plaintiffs led by the National Horsemen’s Protection and Mercy Association (NHBPA) that the case would proceed according to the standard timetable. court, giving NHBPA and its 12 branches 10 days to file. a response to HISA motion.
The passage of a bill on December 29 to amend HISA’s current language to correct a constitutional defect identified by the Fifth Round in the November 18 anti-constitutional order prompted the HISA Authority to January 3 movement asked the Fifth Circle to “ignore its opinion and the judgment of the Court immediately to prevent serious harms from increasing every day.” [and to] reconsider this case under the intervention of the revised congress”
In response to the petition made by the HISA Agency on Tuesday, the NHBPA filed a petition on the same day Legal challenge that question whether a true “emergency” really exists given the fact that “no crisis or irreparable harm can justify this expedited treatment or a schedule urgent briefing.”
On January 5, the Fifth Circle agreed with the NHBPA, writing under the order that “HISA Agency’s request to process petition on an urgent basis is DONE. [The NHBPA and its co-plaintiffs] was ORDERED to respond to the Appellant’s petition on or before January 13.”
Lisa Lazarus, executive director of the HISA Agency, briefly addressed the new law during a Zoom session Thursday with the media that had been scheduled ahead of the Fifth Round’s decision on the state of emergency. However, Lazarus did not wish to speak on file about any pending litigation related to HISA.
“We are pleased that Congress has taken the initiative to fundamentally correct the issue that the Fifth Circle identified with the constitutionality of HISA, and so obviously we feel very optimistic,” Lazarus said. about the future of HISA.
“For me, 2023 will be the year of building trust. Because I really believe that if we can build trust with voters who are outraged or opposed to HISA, [then] we can achieve our goal,” Lazarus said.
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This story was posted in Top News and tagged constitutional, Fifth Circuit Court of Appeals, HE, Lisa lazarua, National HBPA.