As an organization committed to promoting widespread prosperity and opportunity, and upholding the principles of a pluralistic and open society, the Niskanen Center has joined an amicus brief in the case of National Horsemen’s Benevolent and Protective Association v. Black. This case involves the Horseracing Integrity and Safety Authority, a private entity that exercises federal power. We believe that such power should be subject to constitutional appointment procedures to uphold the rule of law, thereby fostering an environment conducive to prosperity and opportunity.
We see the constitutional protections and the separation of powers as vital to a strong state and a competitive private sector. The Horseracing Integrity and Safety Authority, despite being a private entity, is at the center of this issue. We argue for its constitutional appointment to maintain the necessary checks and balances that are foundational to our democracy. This is a crucial step towards promoting government accountability, strengthening state capacity, and improving public trust in democratic institutions and processes, all of which are essential for a thriving, open society.