Whether Congress violates the non-delegation doctrine and the Tenth Amendment by delegating the creation and enforcement of federal regulations to a private entity and commandeering state resources to fund a federal program without congressional appropriation,non-delegation-doctrine

No question identified. : Patrick Morrisey West Virginia Attorney General Lindsay S. See Michael R. Williams OFFICE OF THE WEST VIRGINIA ATTORNEY GENERAL 1900 Kanawha Blvd. East Building 1, Room E-26 Charleston, WV 25305 Phone: 304.558.2021 Email: Counsel for Applicants State of West Virginia and the West Virginia Racing Commission Joseph Bocock Bocock LAw PLLC 119 N. Robinson Ave., Suite 630 Oklahoma City, OK 73102 Phone: 405.605.0218 Email: joe@bococklaw.com Counsel for Applicant Oklahoma Quarter Horse Racing Association Todd Hembree CHEROKEE NATION BUSINESSES 777 W. Cherokee St. Catoosa, OK 74015 Phone: 918.384.7474 Email: todd. hembree@cn-bus.com Counsel for Applicant Will Rogers Downs LLC Michael J. Gartland, Esq. DELCOTTO Law Group PLLC 200 North Upper Street Lexington, KY 40507 Phone: 895.231.5800 Email: Counsel for Applicant Hanover Shoe Farms, Inc. Jeff Landry Louisiana Attorney General Elizabeth B. Murrill LOUISIANA DEPARTMENT OF JUSTICE 1885 N. Third Street Baton Rouge, LA 70804 Phone: 225.326.6766 Email: Counsel for Applicant State of Louisiana Michael Burrage WHITTEN BURRAGE 512 North Broadway Avenue, Ste. 300 Oklahoma City, OK 73102 Phone: 405.516.7800 Email: Jared C. Easterling GREEN LAW FIRM PC 301 E Main St. Ada, OK 74820 Phone: 580.436.1946 Email: Counsel for Applicant Global Gaming RP, LLC, d/b/a Remington Park TO THE HONORABLE BRETT M. KAVANAUGH, ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE UNITED STATES AND CIRCUIT JUSTICE FOR THE SIXTH CIRCUIT: Pursuant to Rules 13.5 and 30.2 of this Court, Applicants the State of Oklahoma, the Oklahoma Horse Racing Commission, the Tulsa County Public Facilities Authority, dba Fair Meadows Racing and Sports Bar, the State of West Virginia, the West Virginia Racing Commission, Hanover Shoe Farms, Inc., the Oklahoma Quarter Horse Racing Association, Global Gaming RP, LLC, dba Remington Park, Will Rogers Downs, LLC, the United States Trotting Association, and the State of Louisiana (collectively “Applicants”) respectfully apply for a 60-day extension of time, to and including October 16, 2023, within which to file any petition for a writ of certiorari to review the judgment of the United States Court of Appeals for the Sixth Circuit in this case. The court of appeals denied Applicants’ petition for rehearing en banc on May 18, 2023. App. 33a. Unless extended, the time for filing any petition for a writ of certiorari will expire on August 16, 2023. The jurisdiction of this Court would be invoked under 28 U.S.C. § 1254(1). 1. This case presents an important question regarding the limits on Congress’s ability to delegate governmental power to private entities, and to commandeer the States in an effort to evade funding its federal programs. In 2020, Congress federalized horseracing anti-doping, medication control, and racetrack safety by enacting the Horseracing Integrity and Safety Act of 2020 (““HISA”). See 15 U.S.C. § 3051 et seg. Congress gave the principal role in creating and enforcing federal regulations under HISA to a private, nonprofit corporation known as the Horseracing Integrity and Safety Authority (the “Authority”). Id. §§ 3052(a), 3053(a), 3057(d)(3)(A). This private corporation drafts the federal regulations governing horseracing safety, and the Federal Trade Commission (“FTC”) is required to “approve” any and all of the Authority’s rules as binding federal law so long as they are not inconsistent with the statute—even if the government disagrees with them for policy reasons. Id. § 3053(c)(2). And Congress gave the private Authority the exclusive power to bring civil actions in federal court to enjoin violations of its rules and enforce its civil sanctions. Id. § 3054()(1). Congress did not appropriate the funds necessary to administer the program, instead creating a scheme in which state racing commissions collect the Authority’s fees. 15 U.S.C. § 3052(f)(2). If a State refuses, HISA punishes the State by preventing it from “impos[ing] or collectling] f