Horse law expert Bob Heleringer talks about Medina’s dominant spirit in the writers room

This week, 296 days after the race was held, the Kentucky Horse Racing Commission released its ruling on the case of the 2021 GI Kentucky Derby, officially disqualifying the winner Medina Spirit (Protonico) and lifting Mandaloun (Into Mischief). ) to first place. Additionally, the KHRC suspended coach Bob Baffert for 90 days, and Baffert’s legal team promptly promised to appeal to an administrative law judge. Bob Heleringer, an attorney, law professor, and author of “The Law of the Horse Governing,” joined the TDN Writers’ Room Presented by Keeneland Tuesday like Green Team Guest of the Week to discuss the merits of KHRC’s decision, whether the Bafferts can finally run in this year’s Derby and beyond.

When asked if Baffert had any arguments for an appeal despite the confirmed use of the drug and against the rules, Heleringer said, “The governing side of this is different from the judicial side. Regulators try to have [rules] in the most vibrant colors, with no room for embellishment or clutter. They don’t want these cases to get bogged down and escape the absolute part of the rule. So it’s only when it turns to the judicial forum that there’s the possibility of some sort of conjecture as to why the rules shouldn’t be strictly applied. And they will base that on a due process basis, whether you violate it or not [Baffert’s] authority if you take it to the absolute extent that managers have. It is an argument that both judges of the Circuit Court in Frankfort will at least listen to.”

Baffert is also interested in reversing the KHRC’s suspension so he can be able to run the Derby, but he will also have to win an appeal that Churchill Downs Inc. suspended him for two years and he has not officially filed anything in that case. Heleringer was asked what Baffert’s chances of racing in the Derby were.

“Right now, his chances are zero,” he said. “I am quite puzzled, like some others, that he has not yet issued such a challenge. Maybe it’s about to happen, but it hasn’t happened yet and time is running out. It seems that most of his owners have stayed with him, but these horses are winning the important races and not being beaten any [Derby qualifying] point. Churchill Downs was adamant. So, at some point, he will have to resort to judicial intervention. It will be very interesting. ”

Elsewhere in the show, also sponsored by Coolmore, Purebred West Point, XBTVthe Pennsylvania Horse Breeders Association and Legacy Bloodstockthe writers react to the Jockey Club’s withdrawal from its 140-horse limit, appreciate some performances from Saturday’s Fair Grounds card, and discuss the implementation of the Type intervention rules 1 in the US. Click here to watch podcasts; Click here for the audio-only version or find it on Apple Podcasts or Spotify.

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This story was posted in Top News and tagged 140 mare cap, Bob Baffert, Bob Heleringer, Kentucky Derby, Kentucky Horse Racing Commission, KHRC, Mandaloun, Medina Spirit, TDN Podcasts, TDN . Writers’ Office, Jockey Club.