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Tuesday, September 6, 2016

Supreme Court Follies

A case we had previously covered back in 2011 has finally worked its way to the Supreme Court (no on said justice is fast).  While the case concerns thoroughbred racing, it does have an impact on  harness racing.

The case is  Jamgotchian v. Kentucky Horse Racing Commission, a case awaiting on a decision by the Supreme Court whether or not to issue a writ of certiorari, meaning the court will take the case on.  If the case were to be taken on, the issue to be decided, as per Scotusblog (a great site) is "Whether the jail time restriction contained in 810 Kentucky Administrative Regulation 1:015, Section 1 at Article 6(a)-(b), which prohibits purchasers of thoroughbred race horses at claiming races in Kentucky from racing or transferring their horses out of state for a prescribed time period, violates the Commerce Clause of the United States Constitution by impermissibly discriminating against interstate commerce".

The Kentucky Supreme Court upheld lower court decisions affirming the permisability of the jail-time rule which requires a horse claimed in one state to remain in the same state for a specified period of time.  Their decision indicates since the horse was claimed with knowledge of the jail time rule, the Commerce Clause doesn't apply.  We will see if the Court takes the case on or lets the lower court's decision stand.

Back to racing.  How great is Wiggle It Jiggleit in winning the Canadian Pacing Derby this past weekend?  For a four year old to be able to take it to the sports best older horses is amazing considering how often the four year old season in the FFA ranks is a case of 'taking your lumps' before earning your stripes.   I will not say he is the best (my heart belongs to Niatross), but he is certainly a rare type of horse.  All I can say is 'Thank God' for geldings for if he was intact, we may not have raced as a four year old, or certainly not as much.  Barring a collapse, you may as well engrave the Horse of the Year trophy with WIJI's name.  If you get a chance to see him race live, do so.   An opportunity to see a great horse doesn't come around that often.


Blaine said...

Pacing Guy, the top older male pacer race is far from over. You've still got the Ewart Memorial, Quillen Memorial, Hoosier Pacing Derby, Dayton Pacing Derby, Allerage Open Pace, Breeders Crown and the TVG Open Pace left to be contested. Now Wiggle It Jiggle It is fast and durable, but Always B Miki smoked him in the Ben Franklin and the William Haughton. There's plenty more to come...Stay Tuned....

Anonymous said...

Wow - SOMEBODY has a "crush" on WIJI, don't they?

He's now lost THREE times to Always B Miki, and has even been beaten twice by the far less heralded Rockin Ron. There's no doubt that "Wiggle" is an outstanding horse, but I sense some MAJOR bias when somebody makes a statement like "Barring a collapse, you may as well engrave the Horse of the Year trophy with WIJI's name.". That tells me you're speaking from emotion, rather than logic!

Pacingguy said...

I am open to changing my mind. The next couple of races will tell.