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Oklahoma v. United States

Petition for rehearing granted, order entered June 24, 2024, denying petition for writ of certiorari vacated, petition for writ of certiorari granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the 6th Circuit for further consideration in light of FCC v. Consumers’ Research on June 30, 2025.

Docket No. Op. Below Argument Opinion Vote Author Term
23-402 6th Cir. N/A N/A N/A N/A OT 2024

Issue: (1) Whether the Horseracing Integrity and Safety Act of 2020 violates the private nondelegation doctrine; and (2) whether the act violates the anti-commandeering doctrine by coercing states into funding a federal regulatory program.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
07/12/2023Application (23A34) to extend the time to file a petition for a writ of certiorari from August 16, 2023 to October 15, 2023, submitted to Justice Kavanaugh.
07/18/2023Application (23A34) granted by Justice Kavanaugh extending the time to file until October 15, 2023.
10/13/2023Petition for a writ of certiorari filed. (Response due November 16, 2023)
10/20/2023Motion to extend the time to file a response from November 16, 2023 to December 18, 2023, submitted to The Clerk.
10/24/2023Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2023.
11/15/2023Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
11/16/2023Brief amicus curiae of Scott Dilworth filed.
11/16/2023Brief amicus curiae of North American Association of Racetrack Veterinarians filed.
11/16/2023Brief amici curiae of Standardbred Owners Association of New York, et al. filed.
11/16/2023Brief amici curiae of Arkansas, et al. filed.
11/21/2023Motion to extend the time to file a response from December 18, 2023 to January 17, 2024, submitted to The Clerk.
11/22/2023Motion to extend the time to file a response is granted and the time is further extended to and including January 17, 2024, for all respondents.
01/03/2024Motion to extend the time to file a response from January 17, 2024 to February 16, 2024, submitted to The Clerk.
01/05/2024Motion to extend the time to file a response is granted and the time is further extended to and including February 16, 2024, for all respondents.
02/02/2024Motion to extend the time to file a response from February 16, 2024 to March 17, 2024, submitted to The Clerk.
02/05/2024Motion to extend the time to file a response is granted and the time is extended to and including March 18, 2024, for all respondents. See Rule 30.1.
03/04/2024Motion to extend the time to file a response from March 18, 2024 to April 17, 2024, submitted to The Clerk.
03/06/2024Motion to extend the time to file a response is granted and the time is further extended to and including April 17, 2024, for all respondents.
04/01/2024Motion to extend the time to file a response from April 17, 2024 to May 17, 2024, submitted to The Clerk.
04/02/2024Motion to extend the time to file a response is granted and the time is extended to and including May 17, 2024, for all respondents.
05/17/2024Brief of Federal Respondents in opposition filed.
05/17/2024Brief of respondents Horseracing Integrity and Safety Authority, Inc. in opposition filed.
06/03/2024Reply of petitioners Oklahoma, et al. filed. (Distributed)
06/04/2024DISTRIBUTED for Conference of 6/20/2024.
06/24/2024Petition DENIED.
07/18/2024Petition for Rehearing filed.
07/25/2024DISTRIBUTED.
09/11/2024DISTRIBUTED for Conference of 9/30/2024.
10/07/2024Respondents are requested to file a response to the petition for rehearing within 30 days (Response due November 6, 2024).
11/06/2024Response to petition for rehearing from Federal Respondents filed.
11/06/2024Response to petition for rehearing from respondents Horseracing Integrity and Safety Authority, Inc., et al. filed.
11/18/2024Reply of petitioner Hanover Shoe Farms, Inc. and United States Trotting Association filed. (Distributed)
11/20/2024DISTRIBUTED for Conference of 12/6/2024.
11/25/2024Rescheduled.
12/04/2024DISTRIBUTED for Conference of 1/10/2025.
01/13/2025DISTRIBUTED for Conference of 1/17/2025.
06/26/2025DISTRIBUTED for Conference of 6/26/2025.
06/30/2025The petition for rehearing is granted. The order entered June 24, 2024, denying the petition for a writ of certiorari is vacated. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of FCC v. Consumers’ Research, 606 U. S. ___ (2025).