No. 24-489

Gulf Coast Racing, L.L.C., et al. v. Horseracing Integrity and Safety Authority, Inc., et al.

Lower Court: Fifth Circuit
Docketed: 2024-10-31
Status: GVR
Type: Paid
Relisted (3)
Tags: administrative-law appointments-clause constitutional-separation-of-powers industry-regulation non-delegation-doctrine regulatory-authority
Latest Conference: 2025-06-26 (distributed 3 times)
Related Cases: 24-429 (Vide) 24-433 (Vide) 24-465 (Vide) 24-472 (Vide)
Question Presented (from Petition)

1. Whether Congress can empower a purportedly private nonprofit entity to regulate an entire industry nationwide through rulemaking, adjudication, and enforcement powers, and therefore to exercise significant authority pursuant to the laws of the United States, without proper appointments under the Appointments Clause of the U.S. Constitution.

2. In the alternative, whether statutorily empowering a private nonprofit corporation to regulate an entire industry nationwide through rulemaking, adjudication, and enforcement violates the private nondelegation doctrine.

Question Presented (AI Summary)

Whether Congress can empower a private nonprofit entity to regulate an entire industry through rulemaking and enforcement without proper constitutional appointments

Docket Entries

2025-08-01
Judgment Issued.
2025-06-30
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of FCC v. Consumers’ Research, 606 U. S. ___ (2025).
2025-06-26
DISTRIBUTED for Conference of 6/26/2025.
2025-01-13
DISTRIBUTED for Conference of 1/17/2025.
2024-12-04
DISTRIBUTED for Conference of 1/10/2025.
2024-11-26
2024-11-12
Brief of Horseracing Integrity and Safety Authority, Incorporated, et al. in opposition submitted.
2024-10-28
Petition for a writ of certiorari filed. (Response due December 2, 2024)

Attorneys

Federal Parties
D. John SauerSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Gulf Coast Racing L.L.C., et al.
Gregory Philip SapireMaynard Nexsen PC, Petitioner
Horseracing Integrity and Safety Authority, Incorporated, et al.
Pratik Arvind ShahAkin Gump Strauss Hauer & Feld, LLP, Respondent