Case 1:25-cv-12578-RGS Document 41 Filed 10/16/25 Page 5 of 7
the United States District Court for the District of Massachusetts (Oct. 1, 2023). However, in the District of Massachusetts, the “district court has ‘inherent authority’ to appoint amici to assist in a proceeding.” Students for Fair Admissions v. President & Fellows of Harvard College , No. 14-cv-14176, 2018 WL 9963511, at *1 (D. Mass. Oct. 3, 2018). As the First Circuit has explained, “[W]e believe a district court lacking joint consent of the parties should go slow in accepting … an amicus brief, unless, as a party, although short of a right to intervene, the amicus has a special interest that justifies his having a say, or unless the court feels that existing counsel may need supplementing assistance.” Strasser v. Doorley , 432 F.2d 567, 569 (1st Cir. 1970). Here, counsel for the Defendants have consented to the Tribal Amici filing an amicus brief in this matter; counsel for Robinhood did not. But the Tribal Amici have a special interest that justifies their having a say. As noted above, the Tribal Amici have a special interest— similar to but not shared with the State of Massachusetts—in maintaining their sovereign rights to conduct and regulate gaming, including sports betting, on their Indian lands. This interest will be directly impacted by the Court’s decision in this matter. Additionally, the Tribal Amici assert that the proposed amicus brief will be useful to this Court’s determination on Robinhood’s motion for preliminary injunction and the Defendants’ motion to dismiss because it provides the Court with legal arguments and relevant context not raised by either party. In their motion to dismiss and response to Robinhood’s motion for preliminary injunction, Defendants argue, among other things, that the Commodity Exchange Act (“CEA”) does not preempt Massachusetts’s state gaming laws. While the Tribal Amici concur with and support the arguments advanced by the Defendants, they believe that the additional arguments included in the accompanying brief are relevant and will be helpful to the Court’s deliberation of the case. In particular, the Tribal Amici present additional arguments as
5
Made with FlippingBook - Online catalogs