WASHINGTON (AP) — The supreme court allows national drug and anti-doping rules for horse racing to remain in place while a legal battle that will likely end with the judges continues.

The court on Monday stayed a ruling by the 5th U.S. Circuit Court of Appeals that found Congress gave too much power to the Horse Racing Safety and Integrity Authority, the private entity that administers the rules.

Other appeals courts have rejected similar challenges, and judges may step in to resolve the conflicting rulings.

The authority, backed by the Biden administration, the Republican leader of the Senate Mitch McConnell of Kentucky and others, sought an emergency order from the Supreme Court.

Texas, as well as racetracks in the state and neighboring Louisiana, opposed the emergency call.

The anti-doping program, which came into force in the spring of 2023, is an attempt to centralize the drug testing of racehorses and manage the results and give uniform sanctions to horses and trainers instead of the previous patchwork rules in the 38 of racing states.

The program has resulted in a 50 percent drop in horse deaths at participating racetracks, attorneys for the court authority said. Meanwhile, death rates rose at other tracks, they wrote in their legal filing.

Legislation to dismantle the new authority it was introduced in the House of Representatives but went nowhere.

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