GOP AGs Endorse Replacing 'Unconstitutional' Horse Racing Law

Several Republican attorneys general have endorsed a bill that would repeal and replace a highly influential horse racing law they say was “devised behind closed doors.”

Breitbart News exclusively obtained a Thursday letter from Louisiana Attorney General Jeff Landry to House Judiciary Committee Chair Rep. Jim Jordan (R-OH) and ranking member Rep. Jerry Nadler (D-NY) asking them to support the Racehorse Health and Safety Act (RHSA) introduced by Rep. Clay Higgins (R-LA) this week. The letter was joined by attorneys general from Iowa, Oklahoma, South Dakota, West Virginia, Indiana, and Arkansas.

The RHSA would replace a revised version of the Horseracing Integrity and Safety Act (HISA), which was tucked into a 4,155 omnibus spending bill at the alleged behest of Senate Minority Leader Mitch McConnell (R-KY) last year. Opponents of HISA have said the rule federalizes horse racing, disenfranchises those in the industry, and imposes heavy fees.

RHSA Support Letter September 28 by Breitbart News on Scribd

HISA was first introduced by U.S. Reps. Paul Tonko (D-NY) and Andy Barr (R-KY) in 2015. The bill stalled for five years until McConnell announced his support in 2020. HISA was passed with bipartisan support and signed by former President Donald Trump that December after “a spate of doping scandals and racetrack fatalities,” according to a court opinion, though horse racing had been regulated by states, localities, and private organizations for centuries. The purported purpose of HISA was to create a framework for enacting nationwide rules governing racetrack safety, anti-doping, and medication control.

The U.S. Court of Appeals for the Fifth Circuit struck down the original version of HISA last November, reasoning that the law was unconstitutional because it gave federal power to a private body, the Horseracing Integrity and Safety Authority, without ensuring that the private entity was beholden to the Federal Trade Commission (FTC). The revised version, which is being challenged Fifth Circuit again, amended the rule to give the FTC greater oversight if the Horseracing Integrity and Safety Authority and the ability to “abrogate, add to, and modify the rules of Authority…to ensure the fair administration of the Authority…”

In the letter, the attorneys general argue that HISA has been a failure, and vouched the the RHSA, which they say would establish an interstate compact to develop nationwide rules governing scientific medication control and racetrack safety for horseracing by utilizing “vast funding, knowledge, and enforcement capabilities of the States.”

“HISA failed to prevent more than a dozen recent racehorse deaths at Churchill Downs because its rules are based on public perception, not science,” the letter reads, referring to 12 horse deaths this year at the famed track.

“RHSA rules are based on generally accepted scientific principles and, to the extent possible, peer-reviewed studies. Additionally, RHSA will have breed-specific rules because differences in size and how often horses race lead to different doses of medication needed for different breeds of horse,” the letter continues. “HISA is also driving small businesses out of the horseracing industry by imposing $66 million in regulatory costs. RHSA will cost significantly less because it utilizes existing State resources. States will be able to choose whether to enforce (Racehorse Health and Safety Organization) RHSO rules or have RHSO do so.”

The RHSA would create the RHSO government by a nine-member Board of Directors appointed by the state racing commissions. The RHSO Board would establish three Scientific Medication Control Committee, one for each racing breed (Thoroughbreds, Standardbreds, and Quarter Horses). It would also establish one Racetrack Safety Committee that will recommend breed specific rules to the board, and committee members would be “scientific experts in their field,” according to the letter.

“RHSA is run by States, rooted in science, cost effective, transparent, and constitutional. The goal of RHSA is to protect the health and welfare of racehorses and improve the integrity and safety of horseracing by building upon existing State resources,” the letter reads.

“HISA was devised behind closed doors then foisted upon the vast majority of industry participants against their will. RHSA was drafted with feedback from all three major racing breeds and veterinarians, and it is supported by tens of thousands of horsemen who make a living from the industry, including the National Horsemen’s Benevolent and Protective Association, the United States Trotting Association, and the North American Association of Racetrack Veterinarians,” the letter continues. “Unlike HISA, the RHSA ensures regulatory transparency and accountability. But more importantly, it comports with the Constitution. I hope you will join me and the undersigned state attorneys general in endorsing it.”

The National Horsemen Benevolent and Protective Association (National HBPA) put out a statement of praise for the RHSA this week, and said the legislation would give “everyone in the industry a voice.”

“The RHSA is a law that works from the ground up and brings all horseracing industry entities to the table in a collaborative, consensus-driven approach. It’s a sensible piece of legislation that will cost horsemen much less than HISA because it will utilize resources already existing in the states,” National HBPA president Doug Daniels said.

“And it will be constitutional and democratic, allowing everyone in the industry to have a voice in the rulemaking process. HISA has proven to be flawed in implementation time and time again, and it’s time to pass legislation that has its regulations grounded in veterinary science. The Racehorse Health and Safety Act is just that,” he continued.