legislation specifically designed to advance the United States’ special relationship with tribes, without a clear statement from Congress. See, e.g. , Morton v. Mancari , 417 U.S. 535, 550 (1974); Swinomish Indian Tribal Cmty. v. BNSF Ry. Co. , 951 F.3d 1142, 1159–60 (9th Cir. 2020); Shoshone-Bannock Tribes of Fort Hall Rsrv. v. DOI , 153 F.4th 748, 765 (9th Cir. 2025). This Court should therefore reject Kalshi’s preemption argument requiring an implied repeal of IGRA. D. IGRA Regulates Online Gaming on Tribes’ Indian Lands-Including Kalshi’s Sports-Betting Contracts. Kalshi has previously tried to avoid the implied repeal of IGRA required by its preemption arguments by asserting that IGRA “does not authorize tribes to regulate gaming available over the internet” and is therefore inapplicable to its sports-betting activity. See Brief of Appellant at 55, KalshiEX LLC v. Martin , No. 25-1892 (4th Cir. Oct. 15, 2025), Dkt. No. 16. But the issue isn’t whether tribes can regulate Kalshi’s sports betting on Indian lands (they can). Rather, it is whether Congress set up a regulatory system that is incompatible with IGRA. And Kalshi’s theory means that it can offer sports betting even to people physically located on Indian lands contrary to tribal prohibitions, just as it does in states notwithstanding state law prohibitions. Ironically, in arguing that IGRA does not authorize tribes to regulate online gaming, Kalshi cited West Flagler Associates, Ltd. v. Haaland , which held that IGRA allows states and tribes to allocate jurisdiction over the regulation of internet gaming conducted by a tribe throughout the state, including on its Indian lands. Id. ; see 71 F.4th 1059, 1061–62, 1066 (D.C. Cir. 2023), cert denied , 144 S. Ct. 2671 (2024). IGRA’s implementing regulations also expressly state that tribes can regulate online gaming pursuant to the terms of their IGRA compacts. See 25 C.F.R. § 293.26. Kalshi also argues that the Unlawful Internet Gaming Enforcement Act (“UIGEA”), not tribal-state IGRA agreements or state gaming law, solely governs the online gaming aspect of its
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Case 3:26-cv-00034 Document 40-1 Filed 01/23/26 Page 13 of 22 PageID #: 450
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