United States District Judge Thomas L. Parker set oral arguments on the USDA’s motion to dismiss for April 14, 2025 in Memphis, Tenn. The USDA moved to dismiss portions of the Wright’s complaint.  The most important of those was the claim by Wright’s that the relief, should they win, be applied industry-wide.  The USDA claims that those claims for industry-wide relief are time barred under the Administrative Procedures Act.

The USDA also moved to dismiss the amended portion of the Wright’s complaint that came about as a result of the email sent last March by Dr. Aaron Rhyner that changed the application of the scar rule and how horses would be disqualified for violations of the scar rule that were different than the previous seven years. 

The USDA claims the “facial challenges that seek industry-wide relief in Counts V, VI, VII (those amended portions) fail because Plaintiffs do not identify a final agency action subject to judicial review.”  The Wright’s case challenges the current lack of due process and application of the scar rule.  The USDA attempted to address both of these in their most recent rulemaking that was challenged in a federal court in Amarillo, Texas.  Judge Matthew Kacsmaryk ruled that neither the post-deprivation attempt at due process or the change in wording to the scar rule were sufficient and vacated both portions of the new rulemaking.

Given that those attempts to improve due process and the scar rule were not successful, the industry hopes Judge Parker would then also rule that the current due process and scar rule are not sufficient and must be amended.