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Old 08-02-2022, 03:49 PM   #136
rastajenk
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OK. It's constitutional. It's still bad, on nearly every other level.
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Old 08-02-2022, 04:45 PM   #137
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Originally Posted by dilanesp View Post
They're picking small districts with conservative judges who repeatedly ignore US Supreme Court precedent in these suits. It's a garbage legal strategy, though it has worked in some high profile cases for other litigants.

This is all futile in the end- as I said, it's perfectly obvious Congress has the power to do this. But we have to wait out the clown show for a few months.

With THIS kangaroo of a Supreme Court, they might even win, legal precedent be damned.
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Old 08-02-2022, 08:28 PM   #138
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With THIS kangaroo of a Supreme Court, they might even win, legal precedent be damned.
There is zero chance the Supreme Court is ever hearing any of these cases against HISA.
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Old 08-02-2022, 09:46 PM   #139
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Old 08-04-2022, 04:38 PM   #140
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HISA Rules Back in Force Nationwide After Appeals Court Ruling

A temporary “administrative stay” ruling issued Wednesday night by a panel of three judges from the United States Court of Appeals for the Fifth Circuit means that “pending further consideration,” Horseracing Integrity and Safety Act Authority (HISA) rules are back in effect nationwide.

The Aug. 3 court order trumps a preliminary injunction issued July 26 by a lower U.S. District Court (Western District of Louisiana) judge that had halted the HISA rules in Louisiana and West Virginia pending the outcome of an underlying lawsuit in that court.
https://www.thoroughbreddailynews.co...v1bXeg.twitter
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Old 08-06-2022, 10:08 PM   #141
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One big saving of racing has been interstate wagering. However, when you involve interstate commerce, you invite fed oversight. This is true in every industry. It's a catch22. If state run tracks decide to stop taking wagers from outside the state, the drop in revenue kills their game. If states decide to pay for the extra oversight, the added expense may shut down smaller circuits, Contraction will follow either decision. Or we can scrap the whole idea of fed oversight and play it cheap. And accept whatever each state commission believes is fair to fans. Even though racing is conducting interstate commerce.
If you believe fed bureaucracy is both incompetent AND evil, you would oppose oversight. I choose to believe the fed is just incompetent.
Since the first horse was shipped across a state line to compete at a race track, the sport has been considered 'interstate commerce'.
The HISA is the result of two things. One, those who have ownership in the industry( owners, trainers and race track managements) have been less than diligent at policing themselves. And in ANY industry, failure to control your business, invites political, read federal , oversight.
I'll give two recent examples
One, is the trucking industry. For decades, trucking companies and drivers were trusted to monitor hours of service and safety. Over the years, the cheating became rampant. Falsified hours of service logs. Overweight trucks. etc. Fst forward to tody. The US DOT and the other alphabet agencies now require electronic monitoring of hours of service as well as safety monitoring.
Another. Anyone remember the Savings and Loan crisis of the late 80's early 90's? This was caused by lenders who hired their own real estate appraisers to place values on properties. The Appraisers job was to "come up with a number to make the loan work."
No mind was paid to the actual market value of a property. When the real estate market crashed, banks were left with billions of dollars of outstanding loans they made on properties that were no where near the value of the loan.
The federal government stepped in and created USPAP. The Uniform STandards of Professional Appraisal Practice. Simply put, going forward , all appraisals are required by law to be an "arms length transaction"....Yep, the bigger banks lobbied against this scrutiny. But the banks created the environment for 'cheating'
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Old 08-07-2022, 11:49 AM   #142
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Originally Posted by thespaah View Post
Since the first horse was shipped across a state line to compete at a race track, the sport has been considered 'interstate commerce'.
The HISA is the result of two things. One, those who have ownership in the industry( owners, trainers and race track managements) have been less than diligent at policing themselves. And in ANY industry, failure to control your business, invites political, read federal , oversight.
I'll give two recent examples
One, is the trucking industry. For decades, trucking companies and drivers were trusted to monitor hours of service and safety. Over the years, the cheating became rampant. Falsified hours of service logs. Overweight trucks. etc. Fst forward to tody. The US DOT and the other alphabet agencies now require electronic monitoring of hours of service as well as safety monitoring.
Another. Anyone remember the Savings and Loan crisis of the late 80's early 90's? This was caused by lenders who hired their own real estate appraisers to place values on properties. The Appraisers job was to "come up with a number to make the loan work."
No mind was paid to the actual market value of a property. When the real estate market crashed, banks were left with billions of dollars of outstanding loans they made on properties that were no where near the value of the loan.
The federal government stepped in and created USPAP. The Uniform STandards of Professional Appraisal Practice. Simply put, going forward , all appraisals are required by law to be an "arms length transaction"....Yep, the bigger banks lobbied against this scrutiny. But the banks created the environment for 'cheating'
This. If you want self regulation or state regulation you need to do a good job of it. Then the feds don't step in.
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Old 08-08-2022, 07:56 PM   #143
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Court Of Appeals Gives HISA Partial Stay Of Louisiana Injunction

The Horseracing Integrity and Safety Authority and Federal Trade Commission were granted partial stays on Monday by the United States Court of Appeals that will allow the Authority to continue to enforce almost all of its racetrack safety rules in all states conducting interstate wagering on Thoroughbred racing.

The order follows last week's temporary administrative stay.
https://paulickreport.com/news/integ...na-injunction/
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Old 08-09-2022, 06:49 AM   #144
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This. If you want self regulation or state regulation you need to do a good job of it. Then the feds don't step in.
I don't think there has been a compelling case yet made that says the states' commissions haven't done a good enough job. Where is that evidence?
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Old 08-09-2022, 07:11 AM   #145
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I don't think there has been a compelling case yet made that says the states' commissions haven't done a good enough job. Where is that evidence?
If you have not seen such evidence, it is because you haven't been looking for it.
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Old 08-09-2022, 07:55 AM   #146
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That's not much of a response. Just because a group of well-backed do-gooders say it's the case doesn't necessarily make it so.

Look, I know your California commission is a bunch of corruptocrats, but the rest of the racing states shouldn't have to be penalized for that. Show me where the states have been slow or lax to constantly implement new safety standards regarding safety vests, helmets, whip rules, claiming rules, etc, based on the research and input from the USTA, ARCI, HBPA's, HHA's, the AAEP, etc. It's been happening constantly without HISA and its unfunded authority. How is it suddenly going to 'get better,' whatever that means?
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Old 08-09-2022, 10:39 AM   #147
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Originally Posted by rastajenk View Post
That's not much of a response. Just because a group of well-backed do-gooders say it's the case doesn't necessarily make it so.

Look, I know your California commission is a bunch of corruptocrats, but the rest of the racing states shouldn't have to be penalized for that. Show me where the states have been slow or lax to constantly implement new safety standards regarding safety vests, helmets, whip rules, claiming rules, etc, based on the research and input from the USTA, ARCI, HBPA's, HHA's, the AAEP, etc. It's been happening constantly without HISA and its unfunded authority. How is it suddenly going to 'get better,' whatever that means?
Your first "I know" gives away the game. If a big state racing commission is corrupt, the feds have a good reason to get involved.
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Old 08-09-2022, 10:46 AM   #148
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So racing is pretty much free of drugs in all states? There is no need for better enforcement and stricter and more consistent penalties for cheaters?

Fans want to have confidence that racing is relatively on the up-and-up, (Nothing is ever perfect) just like they want to know the USDA is inspecting meat and the FDA is overseeing drugs.

This is from the HISA website

Once the ADMC Program takes effect in 2023, fans can expect to see centralized testing and results management processes, shorter turnaround times for investigation/adjudication and uniform penalties that will be applied consistently across the country under the Horseracing Integrity and Welfare Unit (HIWU).

HISA sought out DFS given its exemplary record of success in its drug testing and enforcement partnerships with leading sports organizations, including the NFL, NCAA, NBA, LPGA, PGA Tour, NASCAR and MLB. DFS is an established leader as demonstrated by its success and ongoing engagement with U.S. and international sports organizations and leagues.
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Old 08-11-2022, 08:30 AM   #149
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Racing exists on millions of dollars invested across state lines.
Get used to it.

Racing NEEDS to be regulated like any other big business operating nationally.
Tracks that don't like it can stop doing business in other states.

Welcome to the real world.
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