State of OKLAHOMA; Oklahoma Horse Racing Commission; Tulsa County Public Facilities Authority, dba Fair Meadows Racing and Sports Bar; State of West Virginia; West Virginia Racing Commission; Hanover Shoe Farms, Inc.; Oklahoma Quarter Horse Racing Association; Global Gaming RP, LLC, dba Remington Park; Will Rogers Downs, LLC; United States Trotting Association; State of Louisiana, Plaintiffs-Appellants,
v.
UNITED STATES of America; Horseracing Integrity and Safety Authority, Inc.; Leonard S. Coleman, Jr.; Nancy M. Cox; Federal Trade Commission; Rebecca Kelly Slaughter, in Her Official Capacity as Acting Chair of the Federal Trade Commission; Noah Joshua Phillips, in His Official Capacity as Commissioner of the Federal Trade Commission; Alvaro Bedoya, in His Official Capacity as Commissioner of the Federal Trade Commission; Christine S. Wilson, in Her Official Capacity as Commissioner of the Federal Trade Commission; Steve Beshear; Adolpho A. Birch, Jr.; Ellen McClain; Charles P. Scheeler; Joseph DeFrancis; Susan Stover; Bill Thomason; D.G. Van Clief; Lina Khan, Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
SUTTON, C.J., delivered the opinion of the court in which GRIFFIN and COLE, JJ., joined. COLE, J. (pp. 236-44), delivered a separate concurring opinion.
OPINION
SUTTON, Chief Judge.
Sometimes government works. In 2020, when Congress enacted the Horseracing Safety and Integrity Act to create a national framework to regulate thoroughbred horseracing, it generated several non-delegation and anti-commandeering challenges to the validity of the Act. The lead challenge— the non-delegation...
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