Join now & win money today! Get Started

Fifth Circuit Court of Appeals Reverses District Court Decision on HISA

---

In a ruling issued Thursday, The United States Court of Appeals for the Fifth Circuit has ruled that the enforcement provisions for the Horse Racing Integrity and Safety Act violate the private non-delegation doctrine in the United States Constitution.

The court had previously ruled that HISA’s delegation of rulemaking to a private entity was unconstitutional. Congress addressed that issue by empowering the FTC to “abrogate, add to, and modify” HISA’s rules. The U.S. District Court for the Northern District of Texas then ruled that Congress had cured the constitutional issues by allowing the FTC to make those changes. That ruling was appealed to the Fifth Circuit Court of Appeals.

While upholding many of the rulings from that court–that the rulemaking oversight cured the initial issue, that HISA does not violate the Due Process Clause, and that the Authority does not qualify as a government entity subject to Appointments Clause–the court concluded that “the Authority does not `function subordinately’ to the FTC when enforcing HISA. That is not permitted under the private nondelegation doctrine.”

“A private entity that can investigate potential violations, issue subpoenas, conduct searches, levy fines, and seek injunctions—all without the say-so of the agency—does not operate under that agency’s “authority and surveillance.’ Put another way, with respect to enforcement, HISA’s plain terms show that the Authority does not merely act `as an aid’ to the FTC because the FTC does not `retain the discretion to approve,
disapprove, or modify’ the Authority’s enforcement actions.”

This story will be updated.

The post Fifth Circuit Court of Appeals Reverses District Court Decision on HISA appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

John Greathouse Jr. of Glencrest Farm Has Passed at 82

---

John Greathouse Jr., for years an integral part of the family run Glencrest Farm, passed away Wednesday. He was 82. According to his son, John Greathouse III, he died after problems resulting from a blood ulcer.

Glencrest was established in the middle of the twentieth century by John W. Greathouse and has thrived under the leadership of several generations of the family. According to his son, Greathouse, Jr. stepped down from his day-to-day role running Glencrest about 10 years ago, but remained a sounding board for the team.

“My father was a longtime horseman,” Greathouse III said. “He did it his whole life. He grew up on the farm and worked on the racetrack. He bred, raised and raced horses his whole life. When he stepped away, he enjoyed his retirement, but, unfortunately, he had some health problems.

“He was a hell of a horseman. It was great to get the chance to learn from him. I was blessed with a free education on how to do things and how to look at a horse and how to pick out a horse. He taught me how to pinhook, how to breed mares, what to look for, what not to look for. Our farm definitely wouldn’t be what it is without him and my late uncle David.”

Under the leadership of Greathouse III, Glencrest was a force in many aspects of the sport.

Glencrest stood the stallions Wavering Monarch and Clever Trick and campaigned Grade I winners Devil May Care, Panty Raid, Zoftig and Honey Ryder. Glencrest also bred 1996 GI Kentucky Oaks winner Pike Place Dancer.

“No one does a better job of finding good horses with a moderate budget than John Greathouse,” trainer Todd Pletcher, who conditions most of Glencrest’s horses, said of the Glencrest patriarch. “He understands the business from every side.”

“I wouldn’t trade what I do for anything,” Greathouse told the TDN in 2014. “Everyone needs something to live off of. Other than that, I don’t need money. I like what I do. I like horses. I like coming out and looking at this farm in the morning. I like seeing these kids get started in the farming business. And I hope this farm will be theirs for another 40 years to come.”

Greathouse III has run the farm since his father stepped down from the top job. It is still a family business that includes Greathouse’s brother and six cousins. Edward (Bucky) Greathouse II runs the cattle division of the farm.

“This is still very much a family affair and it’s been that way for some time,” Greathouse III said. “We’ll miss dad for sure, but it will be business as usual. The things he brought to the table and his advice over the years about the day-to-day operations of the farm are something we still follow closely. We have prepared for this and we will continue on. We’re excited about the future. At the same time we have to say goodbye to somebody who did so much for us and our business. He was very influential.”

The post John Greathouse Jr. of Glencrest Farm Has Passed at 82 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Fifth Circuit Court of Appeals Reverses District Court Decision on HISA

---

In a ruling issued Thursday, The United States Court of Appeals for the Fifth Circuit has ruled that the enforcement provisions for the Horse Racing Integrity and Safety Act violate the private non-delegation doctrine in the United States Constitution.

The court had previously ruled that HISA’s delegation of rulemaking to a private entity was unconstitutional. Congress addressed that issue by empowering the FTC to “abrogate, add to, and modify” HISA’s rules. The U.S. District Court for the Northern District of Texas then ruled that Congress had cured the constitutional issues by allowing the FTC to make those changes. That ruling was appealed to the Fifth Circuit Court of Appeals.

While upholding many of the rulings from that court–that the rulemaking oversight cured the initial issue, that HISA does not violate the Due Process Clause, and that the Authority does not qualify as a government entity subject to Appointments Clause–the court concluded that “the Authority does not `function subordinately’ to the FTC when enforcing HISA. That is not permitted under the private nondelegation doctrine.”

“A private entity that can investigate potential violations, issue subpoenas, conduct searches, levy fines, and seek injunctions—all without the say-so of the agency—does not operate under that agency’s “authority and surveillance.’ Put another way, with respect to enforcement, HISA’s plain terms show that the Authority does not merely act `as an aid’ to the FTC because the FTC does not `retain the discretion to approve,
disapprove, or modify’ the Authority’s enforcement actions.”

This story will be updated.

The post Fifth Circuit Court of Appeals Reverses District Court Decision on HISA appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

John Greathouse Jr. of Glencrest Farm Has Passed at 82

---

John Greathouse Jr., for years an integral part of the family run Glencrest Farm, passed away Wednesday. He was 82. According to his son, John Greathouse III, he died after problems resulting from a blood ulcer.

Glencrest was established in the middle of the twentieth century by John W. Greathouse and has thrived under the leadership of several generations of the family. According to his son, Greathouse, Jr. stepped down from his day-to-day role running Glencrest about 10 years ago, but remained a sounding board for the team.

“My father was a longtime horseman,” Greathouse III said. “He did it his whole life. He grew up on the farm and worked on the racetrack. He bred, raised and raced horses his whole life. When he stepped away, he enjoyed his retirement, but, unfortunately, he had some health problems.

“He was a hell of a horseman. It was great to get the chance to learn from him. I was blessed with a free education on how to do things and how to look at a horse and how to pick out a horse. He taught me how to pinhook, how to breed mares, what to look for, what not to look for. Our farm definitely wouldn’t be what it is without him and my late uncle David.”

Under the leadership of Greathouse III, Glencrest was a force in many aspects of the sport.

Glencrest stood the stallions Wavering Monarch and Clever Trick and campaigned Grade I winners Devil May Care, Panty Raid, Zoftig and Honey Ryder. Glencrest also bred 1996 GI Kentucky Oaks winner Pike Place Dancer.

“No one does a better job of finding good horses with a moderate budget than John Greathouse,” trainer Todd Pletcher, who conditions most of Glencrest’s horses, said of the Glencrest patriarch. “He understands the business from every side.”

“I wouldn’t trade what I do for anything,” Greathouse told the TDN in 2014. “Everyone needs something to live off of. Other than that, I don’t need money. I like what I do. I like horses. I like coming out and looking at this farm in the morning. I like seeing these kids get started in the farming business. And I hope this farm will be theirs for another 40 years to come.”

Greathouse III has run the farm since his father stepped down from the top job. It is still a family business that includes Greathouse’s brother and six cousins. Edward (Bucky) Greathouse II runs the cattle division of the farm.

“This is still very much a family affair and it’s been that way for some time,” Greathouse III said. “We’ll miss dad for sure, but it will be business as usual. The things he brought to the table and his advice over the years about the day-to-day operations of the farm are something we still follow closely. We have prepared for this and we will continue on. We’re excited about the future. At the same time we have to say goodbye to somebody who did so much for us and our business. He was very influential.”

The post John Greathouse Jr. of Glencrest Farm Has Passed at 82 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.