Skip to content

FAST issues update




Following the 2016 Celebration, APHIS filed 188 cases against participants whose horses VMO’s had failed during inspections at the Celebration. This extraordinary action called for the industry to seek a legal response from challenging these administrative proceedings. The Celebration, SHOW Inc., FAST and several individual contributors, requested the attorneys who had filed successful lawsuits in Contender I and II to assist in examining a strategy to challenge what the industry considered a disproportionate attack on the industry. After fully considering multiple approaches, it was decided to challenge the legal authority of the USDA’s ALJs (Administrative Law Judges) and Judicial Officers to adjudicate HPA cases. 

Initially, the attorney filed a brief in the District of Columbia Court of Appeals supporting a challenge to the authority of the SEC’s administrative law judges. That case, Lucia v. SEC, claimed SEC ALJs were not appointed as required by the U.S. Constitution, and pointed out to the court that this was also the case with USDA ALJs. Ultimately, the court split five to five in that case resulting in a decision rejecting our position.

The Lucia decision was then appealed to the U.S. Supreme Court, which agreed to hear and decide the issue. Our attorney filed a comprehensive brief contending that ALJs are not lawfully appointed. While the case was pending, the USDA suspended all activity in the many pending HPA cases to await the Court’s decision. On June 21, 2018, the Supreme Court decided that the SEC’s ALJs functioned as inferior officers of the United States who had not been constitutionally appointed. 

Our attorney is also assisting in five appeals cases involving HPA decisions by an ALJ and the Judicial Officer whereby the standing of the cases is suitable to challenge the constitutionality of ALJs and JO’s deciding HPA cases.  Therefore, the D.C. Circuit will have to decide in the near future whether USDA ALJs are lawfully appointed. The court will be bound by the Supreme Court’s decision in Lucia. There are other issues in those cases, including whether USDA ALJs and the Judicial Officer violated due process in their decisions, whether §1825(c) disqualification penalties can be assessed in a proceeding where the respondent has not previously been found to have violated the HPA, and whether the Judicial Officer is unconstitutionally appointed. 
The effort in supporting the Lucia petitioner in the D.C. Circuit and Supreme Court has been successful and should serve as a catalyst to require significant changes in adjudicative proceedings seeking to enforce the HPA. We will work to make sure these changes are ones that lead to fair proceedings conducted in accordance with law. 

In addition to this important initiative, FAST has revived its horse show development program and has begun accepting grant applications via its website www.fastwalkingshowhorse.com to support new shows or revive ones that have been lost in the past several years.  

FAST has also recently announced funding availability to an organization who wishes to hold a Tennessee Walking Horse Educational event for youth.  Requests for funding may also be applied for via the FAST website.

Lastly, FAST will again hold its 50-50 fundraiser at the Celebration to raise funds to support educational and marketing initiatives for the TWH industry.  

FAST remains committed to preserving, protecting and advancing all disciplines of the Tennessee Walking Horse and extends its gratitude and appreciation to all of those industry supporters who have donated time and resources to advancing our mission!

Sincerely, 
Dr. Kasey C. Kesselring, President
FAST

More Stories

  • Report Holiday Schedule

    This November 18th issue of Walking Horse Report will be the final issue before the Thanksgiving break. Each year the Report finalizes the show season and then has a break for Thanksgiving... Read More
  • Equine Obituary – Pusher's Fine Art

    Pusher’s Fine Art passed away November 18, 2019. Sired by The Pusher and out of Magic Robbie Lee, Pusher’s Fine Art was foaled on March 15, 1992. He was 27 years old... Read More
  • Remembering a Friend: Charles Burton Howard

    Charles “Charlie” Howard passed away November 5 after an extended illness at Vanderbilt Hospital. Despite the fact that he had battled infections since April, and had mostly been hospitalized since August, his friends and family are stunned at his loss... Read More
  • Louisville, Ky. City Council Urges Passage of PAST Act

    On November 7, 2019 the Louisville City Council unanimously approved a resolution, introduced by Council member Marcus Winkler, urging the United States Department of Agriculture to reinstate the final rule that was adopted in 2017 but never finalized after the election of President Donald Trump... Read More
  • Obituary – Thomas Sumners

    Thomas Brown Sumners passed away November 7, 2019. The funeral was held at Bills-McGaugh & Hamilton Funeral Home on Saturday, November 9, 2019 and was buried at Lone Oak Cemetery... Read More
  • Cammack's Featured in Local Texas Paper

    Blake Cammack and son Jackson Cammack were recently featured in an article in the Longview News Journal, their local paper in Texas. The Cammack's were featured regarding their success at this year's show and the accolades both accomplished this year. Read More
  • High Point correction deadline approaching

    As the season comes to an end, the High Point Report is also soon coming to a close and we need your help! The Walking Horse Report is asking readers to have any changes needing to be made to their High Point standings to us prior to Nov. 22. Read More
  • Latest Issue 11 11 19

    Read More
  • THE Charles Howard CHALLENGE!

    Instead of flowers, friends of Charles B. Howard are challenging one another to donate $41 for 41 years of showing at The International. Proceeds will fund a Charles Burton Howard Memorial Challenge Trophy and a Charles Burton Howard Memorial Scholarship for FFA members... Read More
  • Obituary – Charlie Howard

    Charles Burton Howard, age 68, passed away November 5, 2019 at Vanderbilt. He was born in Lackey, Kentucky and was a resident of Rutherford County. He taught school in Hindman High School, Hindman, KY, Lebanon High School, and Blackman High School... Read More