Baffert back at Kentucky Derby with another favorite

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LOUISVILLE, Ky. (AP) — Bob Baffert is back at the Kentucky Derby with early favorite Justify after watching the race from his sofa in Southern California last year.

The Hall of Fame trainer’s ability to produce Derby contenders year after year is an enviable feat and why his absence a year ago stood out. It was just his second since 2009 and occurred because his lone candidate got hurt.

Baffert will saddle Justify and 30-1 shot Solomini in Saturday’s Derby.

Kentucky Derby: What Time, Where to Watch, Horses, Post Times

Justify is one of the greenest colts Baffert has brought to Churchill Downs. He’s won all three of his starts by a combined 19 lengths. If Justify wins, he’d be the first to do so since Apollo in 1882 without racing as a 2-year-old.

“The thing about the Kentucky Derby, you have to have the right horse. It just happens. You can’t force it,” Baffert said. “All of a sudden, you have good horses and you’re there. So I’ve been really fortunate to have some really good horses.”

Baffert’s four victories are tied for second-most in Derby history. He’s finished second three times, too, including in 2012 with Bodemeister, also the last time he had two starters in the same year.

Like Justify, Bodemeister didn’t race as a 2-year-old. He set a blistering pace and led the Derby until the final 150 yards when I’ll Have Another overtook him to win by 1 ½ lengths.

Magnum Moon, the 6-1 third choice, also is unbeaten and didn’t run as a 2-year-old.

“It’s going to happen,” Baffert said, referring to the curse being broken. “Whether it happens this year or whatever, but it will happen because Bodemeister almost got away with it. But I don’t really worry about that.”

Baffert almost had a third starter this year until McKinzie developed a hind end issue that knocked him off the Derby trail.

“When McKinzie got hurt, I wanted to throw up,” he said. “I really think McKinzie would probably be second choice here. We’d really have a 1-2 here.”

Justify cleared the biggest pre-Derby hurdle by drawing the No. 7 post. Jockey Mike Smith can use the colt’s early speed to position him well for the long run to the chaotic first turn. Solomini ended up in the No. 17 post; no horse has ever won from there.

Baffert turned 65 in January, making him eligible for Medicare and retirement at most other jobs. However, he entertains no such thoughts.

“I work hard at it. I just don’t give up,” the white-haired trainer said. “I’m constantly meeting people. They’re sending me horses. If you don’t have success, you’re not going to get those opportunities.”

After a successful run in the quarterhorse ranks, Baffert switched to thoroughbreds. He started with one horse.

“After 25 years, I’m finally getting horses that I don’t have to buy,” he said. “The big guys are sending me horses.”

None was bigger than American Pharoah in 2015. The colt swept the Derby, Preakness and Belmont to become racing’s first Triple Crown winner in 37 years.

Baffert has compared Justify to American Pharoah, citing the colt’s imposing physical presence and big stride. Still, Justify has yet to encounter the kind of traffic the Derby’s 20-horse stampede creates and the talent as he’ll run against on Saturday.

“I’d rather have a really talented horse than one who’s seasoned and just on par with the rest of them,” Baffert said.

Early on, Baffert knew Justify had the goods.

“The first time I worked him at Santa Anita, I knew he was a really good horse,” he said. “The track was really deep that morning, and he went around there effortlessly. His first race, he ran incredibly and showed how special he was.”

That kind of intuition is what separates Baffert from his rivals, fellow Hall of Famer trainer D. Wayne Lukas said.

“Bob’s got a great feel for it,” he said.

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.”