2026 Membership Book FINAL

Case: 25-7504, 01/16/2026, DktEntry: 38.1, Page 14 of 47

Act likewise bolstered state prohibitions of sports wagering. For exam- ple, a statute enacted in 1961 prohibits the interstate transportation of sports wagering slips. 18 U.S.C. § 1953(a). And a law passed in 1970 bars the operation of an “illegal gambling business” that violates “the law of a State” where “it is conducted.” 18 U.S.C. § 1955(b)(1)(i). Like the Wire Act, these other laws remain on the books. B. IGRA In the late 1980s, the Supreme Court cast doubt on states’ ability to regulate sports wagering within their borders by holding that they lacked civil regulatory authority over gaming on Indian lands. Califor- nia v. Cabazon Band of Mission Indians , 480 U.S. 202, 221-222 (1987). Congress responded by enacting IGRA the next year. In broad strokes, IGRA allows tribes to regulate gaming activity, including sports wager- ing, on tribal lands, provided “the type of activity occurring is lawful in the state in which the tribal lands are located.” Holden & Edelman, su- pra , at 944-945. The extent of state authority under IGRA depends on the nature of the gambling activity. As relevant here, sports betting falls into “the most closely regulated” category—what IGRA calls “Class III gaming.”

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