143rd Kentucky Derby is as wide open as ever

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Bob Baffert is sitting out the Kentucky Derby, and not by choice.

Having the four-time Derby-winning trainer without at least one horse in the race for just the second time in 11 years indicates what an unpredictable winter it’s been leading to the start of the Triple Crown.

Baffert’s best horse, Mastery, got hurt after crossing the finish line first in the San Felipe Stakes. None of his other 3-year-olds developed into Derby material. Instead, he’ll aim for the $1 million Kentucky Oaks for fillies on Derby eve.

This year’s road to the 143rd Derby derailed other contenders because of injuries, including now-retired Not This Time, Klimt and Syndergaard.

“The amazing thing of getting a horse to the Derby is keeping him injury free,” said Doug O’Neill, who trained last year’s winner Nyquist.

For the first time in four years, the winner likely won’t be from California.

“It’s as wide open as we’ve seen in a long time. You’re going to have some big odds on whoever the favorite is,” said Dale Romans, who trains Gotham Stakes winner J Boys Echo. “It could be any horse this race. I don’t think this really means it’s a bad group of horses, I think it’s an even group of horses.”

There’s Classic Empire, who boasts an impressive resume as last year’s Breeders’ Cup Juvenile winner and champion 2-year-old. He won the Arkansas Derby and finished third in the Holy Bull Stakes, his only two starts this year.

His path to Churchill Downs hasn’t been smooth, however. He had a foot abscess and a back issue that prevented him from working out for a while. Twice in recent months, Classic Empire refused to train.

“I’ve never once counted him out. I know a lot of people have,” trainer Mark Casse said. “I feel that ability wise, he is the most talented horse out there right now.”

Casse also trains State of Honor, the Florida Derby runner-up.

Todd Pletcher has four horses set to run May 6 in the 1 \-mile race, with Florida Derby winner Always Dreaming as his leading contender.

Of course, big numbers are nothing new for the New York-based trainer.

He had five runners in 2013 and 2007. Yet for his 45 career starters, Pletcher has never had a Derby favorite. That could change this year with Always Dreaming, who had the fastest time among 35 horses going 5 furlongs at Churchill Downs on Friday.

“He’s got the right style to be really tough,” O’Neill said.

Pletcher’s lone victory came in 2010 with Super Saver. He is set to surpass mentor D. Wayne Lukas (48) for most career starters.

“Our Derby record is not as good as we’d like it to be,” he said. “We’ve had some horses overachieve on their way to getting there and in some cases, underachieve in the race itself.”

Besides Always Dreaming, Pletcher’s other horses are: Battallion Runner, Patch and Tapwrit. He almost had five again, but Malagacy isn’t expected to run.

There’s Girvin, the Louisiana Derby winner in a race against time to mend a crack in his right front hoof. His 32-year-old trainer Joe Sharp, the husband of retired jockey Rosie Napravnik, is doing everything he can to heal the colt in time to saddle his first Derby starter. Girvin had a similar crack earlier in the year and responded quickly to treatment.

“I’m not saying that I think I’m going to win the Derby, but I definitely wouldn’t trade places with anybody,” Sharp said. “He’s always consistent and he’s got the kind of running style that wins big races.”

As usual, a full field of 20 is expected. The final lineup won’t be known until Wednesday, when entries are drawn and post positions assigned.

Graham Motion, who trained 2011 Derby winner Animal Kingdom, is back with Irish War Cry, the Wood Memorial winner. His sire is Curlin, a two-time Horse of the Year who finished third in the 2007 Derby.

Still looking for his first Derby win is Steve Asmussen, who will saddle Hence and Untrapped. The trainer has two starters waiting in the wings, too. Lookin At Lee would be the next horse into the race if there are any defections, while Local Hero is No. 24 in the point standings.

Olympic skier Bode Miller recently bought into his first Derby starter, Fast and Accurate, winner of the Spiral Stakes. For years, Miller has been a guest of his pal Baffert during Derby week, but now he’s got some skin in the race.

For the fifth straight year, the field is determined by points from designated prep races. The top 20 earn a spot in the starting gate.

Irad Ortiz sets single-season record with 77th stakes win

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NEW YORK – Jockey Irad Ortiz Jr. earned his record 77th single-season North American stakes victory when he guided Dr B to victory in the $200,000 Go for Wand at Aqueduct.

The 30-year-old native of Puerto Rico broke the old mark of 76 set by the late Hall of Fame rider Garrett Gomez in 2007.

“This is great. Amazing feeling,” said Ortiz, Jr., who won the Eclipse Award as outstanding jockey from 2018-20. “Gomez did it in 2007 and he was a great rider, one of the best in the game. I’m so happy just to be a part of this. I love this sport.”

Ortiz Jr. won the Belmont Stakes with Mo Donegal in June to go with Breeders’ Cup victories in the Juvenile, Filly & Mare Sprint and Sprint. He also earned nine other Grade 1 wins in New York, including Life Is Good in the Woodward and Whitney and Nest in the Alabama and Coaching Club Oaks. He won riding titles at Belmont’s spring-summer meet and Saratoga’s summer meet.

Ortiz Jr. leads North American riders with 304 overall victories this year. His purse earnings totaled over $35.8 million going into Saturday’s races, which already surpassed his single-season record of $34.1 million in 2019.

Appeals court strikes down federal horseracing rules act

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NEW ORLEANS — Congress unconstitutionally gave too much power to a nonprofit authority it created in 2020 to develop and enforce horseracing rules, a federal appeals court in New Orleans ruled Friday.

The 5th U.S. Circuit Court of Appeals said the Horseracing Integrity and Safety Act, or HISA, is “facially unconstitutional.”

The authority created by the act was meant to bring uniform policies and enforcement to horseracing amid doping scandals and racetrack horse deaths. But the 5th Circuit – in two rulings issued Friday – ruled in favor of opponents of the act in lawsuits brought by horseracing associations and state officials in Texas, Louisiana and West Virginia.

The Federal Trade Commission has the ultimate authority to approve or reject HISA regulations, but it can’t modify them. And the authority can reject proposed modifications.

Three 5th Circuit judges agreed with opponents of the act – including the National Horsemen’s Benevolent and Protective Association and similar groups in multiple states – that the setup gave too much power to the nongovernmental authority and too little to the FTC.

“A cardinal constitutional principle is that federal power can be wielded only by the federal government. Private entities may do so only if they are subordinate to an agency,” Judge Stuart Kyle Duncan wrote for the panel that ruled in the Texas case.

The same panel, which also included judges Carolyn Dineen King and Kurt Engelhardt, cited the Texas ruling in a separate order in favor of horseracing interests and regulators challenging HISA in a different case.

The chair of the horseracing authority’s board of directors said it would ask for further court review. Friday’s ruling could be appealed to the full 5th Circuit court of the Supreme Court.

“If today’s ruling were to stand, it would not go into effect until January 10, 2023 at the earliest,” Charles Scheeler said in an email. “We are focused on continuing our critical work to protect the safety and integrity of Thoroughbred racing, including the launch of HISA’s Anti-Doping and Medication Control Program on January 1, 2023.”

The ruling was criticized by Marty Irby, executive director of the Animal Wellness Action organization. “Over the course of three Congresses, the most brilliant legal minds on Capitol Hill addressed the Horseracing Integrity and Safety Act’s constitutionality and ultimately decided that the Federal Trade Commission’s limited oversight was sufficient,” Irby said in an email.

Among the subjects covered by the authority’s rules and enforcement were jockey safety (including a national concussion protocol), the riding crop and how often riders can use it during a race, racetrack accreditation, and the reporting of training and veterinary records.

Animal rights groups, who supported the law, pointed to scandals in the industry involving medication and the treatment of horses.

Duncan wrote that in declaring HISA unconstitutional, “we do not question Congress’s judgment about problems in the horseracing industry. That political call falls outside our lane.”

Louisiana Attorney General Jeff Landry, hailed the ruling on Twitter, calling HISA a “federal takeover of Louisiana horse racing.”