What Happened?

Federal enforcement against horse soring, the deliberate infliction of pain to produce an exaggerated high-stepping gait, is tied up in litigation and policy reversal. The Congressional Research Service (CRS), the nonpartisan research arm of Congress, has examined the enforcement breakdown surrounding the Horse Protection Act (HPA), the federal law banning soring. ​

The U.S. Department of Agriculture (USDA) issued its first comprehensive overhaul of HPA enforcement rules since 1976 in May 2024, replacing industry-associated inspectors with federally authorized ones and banning certain equipment linked to soring.

A federal court in Texas struck down key parts of that rule in January 2025, finding USDA had exceeded its legal authority. The court upheld the shift to federal inspectors but threw out the categorical equipment bans and found the new diagnostic standard lacked adequate due process protections.

Why Does it Matter to Me?

The court ruling means this show season is running largely under the pre-2024 rules, with the industry-run inspection system still largely in place.

The Agriculture Department's Animal and Plant Health Inspection Service (APHIS) said it will not enforce the scar rule or the "no show back" policy this year. APHIS also will not refer horses to industry inspectors or notify event managers of noncompliance findings until it updates its process to give horse owners a chance to appeal.

Both Sides, Now

The Agriculture Department cited a wide gap in inspection results when it issued its 2024 rule. APHIS personnel found noncompliance rates of 9.3 percent to 39.7 percent among performance horses from fiscal 2017 through fiscal 2022, while Designated Qualified Persons (DQPs) found violations at 1.5 percent to 4.3 percent in the same span. The CRS report documents this gap as a central reason USDA pursued the 2024 overhaul.

Opponents argue the 2024 rule went too far. Agriculture departments from 13 states sent letters urging USDA to withdraw the rule entirely, and the Trump administration faces pressure from those states to abandon it. The federal court in Texas agreed that categorical equipment bans exceeded USDA's authority, as documented in the court record.

Congress did not authorize the 2024 changes directly; USDA acted through its own rulemaking power. Congress retains the power to reshape the framework, including on inspector qualifications, funding and the scope of federal authority. Rep. Brian Fitzpatrick (R-Pa.) introduced a bipartisan bill in 2025 to expand federal enforcement authority under the HPA.

What Happens Next?

USDA postponed implementation of the surviving rule provisions until Dec. 31, so the current show season continues under the older framework. Before enforcement can resume, the agency must update its process to allow horse owners to appeal noncompliance findings.

Congress holds the power to act on inspector qualifications, funding and the boundaries of federal authority, but no vote is currently scheduled.

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AllCiv makes it easy to stay politically informed and involved.

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