Circuit Court Puts on Blinders, Refusing to Rehear Ruling on Horseracing Regulation

By Robert Freeman, of Proskauer The Sixth Circuit will not revisit its decision from this past spring that upheld the constitutionality of the regulatory scheme established when Congress amended the Horseracing Safety and Integrity Act.  In May, the circuit court denied the petition for full court review filed by a host of plaintiffs, which included Louisiana, Oklahoma, West Virginia, and an enumerated list of entities and businesses within the horseracing industry. (Oklahoma v. U.S., 62