About this episode

The episode discusses the Horseracing Integrity and Safety Act and its legal challenges, alongside the implications of the Seventh Amendment in federal courts.

An old friend rejoins the show, the Horseracing Integrity and Safety Act of 2020. It’s been trotting around the federal courts of appeals for a few years now, truing to outrun the private nondelegation doctrine. The latest showing was at the Fifth Circuit a few weeks ago. Rebecca Furdek of the Wisconsin Institute of Law and Liberty joins us to survey the field and provide the odds on what may end up being a photo finish at the Supreme Court. Then we shift from horses to zombies with IJ’s Marco Vasquez. He takes us to the Fourth Circuit where the Seventh Amendment’s jury trial right ran up against an old and increasingly disfavored Supreme Court precedent. But not disfavored enough to not control the outcome of the case. Is it “zombie precedent”? And will it remain undead for long? We address these questions before turning to the latest in our #12Months12Circuits series with another old friend of the show, the Seventh Circuit. The Horsemen v. Black Sligo Creek Ctr v. DHHS 1st HISA episode Seventh Circuit Judicial Conference episode

People in this episode

Host: Institute for Justice

Guests: Rebecca Furdek, Marco Vasquez

Topics covered

• nondelegation doctrine
• Horseracing Integrity and Safety Act
• Seventh Amendment
• zombie precedent
• federal courts
• Supreme Court

Keywords

• Horseracing Integrity and Safety Act
• nondelegation doctrine
• Seventh Amendment
• Fifth Circuit
• Fourth Circuit
• zombie precedent
• Supreme Court

Mentioned in this episode

Organizations: Wisconsin Institute of Law and Liberty, Fifth Circuit, Fourth Circuit, Seventh Circuit

Books & works: Horseracing Integrity and Safety Act of 2020

More episodes of Short Circuit

• Short Circuit 436 | Retaliatory Justice · July 10, 2026 · 44 min
• Short Circuit 435 | 1776 and Judicial Review · July 3, 2026 · 48 min
• Short Circuit 434 | The Police Are the Emergency · June 26, 2026 · 46 min
• Short Circuit 433 | Bond Hearing Without Lawyer · June 19, 2026 · 47 min

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