In the case of Barry, Chairman, Racing and Wagering Board of New York, et al. v. Barchi (1978), the Supreme Court ruled on a due process issue related to horse racing in New York State. Robert Barchi was a licensed harness racer who had his license suspended by the state's Racing and Wagering Board after one of his horses tested positive for a banned substance. The board did not provide him with an immediate hearing before suspending his license which he argued violated his right to due process under the Fourteenth Amendment. The Supreme Court agreed with Barchi that he should have been given an opportunity for a hearing prior to suspension but also held that it didn't necessarily need to be conducted before any action could be taken against him if there were compelling government interests at stake such as protecting animal welfare or maintaining integrity in sports betting markets. The court concluded that while states can take emergency actions when necessary they must still provide prompt post-deprivation hearings so individuals can challenge decisions made against them quickly enough to prevent undue harm from occurring.

In the dissenting opinion for Barry, Chairman, Racing and Wagering Board of New York, et al. v. Barchi (1978), Justice Rehnquist disagreed with the majority's view that due process required a pre-suspension hearing before a horse trainer's license could be suspended for drugging violations. He argued that the state had an important interest in maintaining the integrity of horse racing and protecting bettors from fraud which justified immediate suspension pending a prompt post-suspension hearing. He also pointed out that trainers were aware of these rules when they chose to participate in this heavily regulated industry and thus should not have any expectation against such suspensions without prior hearings.