Rule 29(a)(6) of the Federal Rules of Appellate Procedure, and there has been no substantive ruling on this matter yet from this Court. Second, the proposed amicus brief is useful and aids this Court in its deliberation because it provides the Court with legal arguments and relevant context not raised by either party. In their response to Kalshi’s motion for preliminary injunction, Defendants argue that the Commodity Exchange Act (“CEA”) does not preempt Tennessee’s state gaming laws. Defs’ Opp. to Prelim. Inj. at 14–31, Dkt. No. 34. While the Tribal Amici concur with and support the arguments advanced by Defendants, the proposed amicus brief presents additional grounds as to why the CEA does not exclusively govern Kalshi’s sports-event contracts. In particular, the unique perspective of tribes that engage in gaming under the Indian Gaming Regulatory Act (“IGRA”) will provide this Court with information that may help this Court “beyond the help that the lawyers for the parties are able to provide.” Ryan , 125 F.3d at 1063. Kalshi’s arguments in this case, if taken as true, would necessarily mean that the CEA either preempts or impliedly repeals IGRA. See Pl. Memo. Supp. TRO and Prelim. Inj. at 10–16, Dkt. No. 7; see also KalshiEX, LLC v. Hendrick , No. 2:25-cv-575, 2025 WL 3286282, at *1 (D. Nev. Nov. 24, 2025) (“Kalshi’s interpretation would require all sports betting across the country to come within the jurisdiction of the CFTC rather than the states and Indian tribes.” (emphasis added)), appeal filed , No. 25-7516 (9th Cir. Nov. 28, 2025). Such a holding would unquestionably impact all those Tribes engaged in tribal gaming pursuant to an IGRA compact. Additionally, Kalshi argues that if it is not allowed to provide “impartial access” to its “nationwide exchange,” such as by limiting where it can offer its sports-event contracts, it will violate CFTC Core Principles requiring such impartial access. See Pl. Memo. Supp. TRO and Prelim. Inj. at 19, Dkt. No. 7 (citing 17 C.F.R. § 38.150). If taken to its logical conclusion, a
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NSH 3426322.2
Case 3:26-cv-00034 Document 40 Filed 01/23/26 Page 6 of 9 PageID #: 434
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