Amici”) respectfully submit this brief in support of Defendants’ response to KalshiEX, LLC’s (“Kalshi”) motion for preliminary injunction. STATEMENT OF INTEREST As described more fully in their Motion for Leave to File Amicus Brief, IGA, NCAI, AIGA, WIGA, CNIGA, OIGA, SMGHA, and the Amici Tribes all have a shared, strong interest in this case because of its potential to have a significant impact on tribal sovereign rights regarding gaming on Indian lands. Tribal gaming revenue provides vital funding for essential government services, tribal programs, and economic development. INTRODUCTION AND SUMMARY OF ARGUMENT Kalshi comes before this Court and asks it to wholly abandon the national policy of state and tribal sports-betting regulation and to turn decades of federal law on its head. The Court should not be persuaded to do so. America’s history is replete with prospectors taking resources from Indian lands without permission from Tribes. But Congress put a stop to that practice long ago. Yet Kalshi would have this court believe that, without so much as a whisper of legislative intent, Congress gave it permission to enter Indian lands and siphon gaming revenues away from tribes over such tribes’ objections. Congress did no such thing. When Congress adopted the Indian Gaming Regulatory Act (“IGRA”), it sought to “promot[e] tribal economic development, self-sufficiency, and strong tribal governments.” 25 U.S.C. § 2702(1). IGRA has been incredibly successful on that front. 2 Since IGRA’s passage in
2 See, e.g. , National Indian Gaming Commission, FY 2023 Gross Gaming Revenue Report 4–5 (Jul. 2024), available at https://www.nigc.gov/wp-content/uploads/2025/02/GGR23_Final.pdf.
2
NSH 3426338.2
Case 3:26-cv-00034 Document 40-1 Filed 01/23/26 Page 2 of 22 PageID #: 439
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