Case: 25-7504, 01/16/2026, DktEntry: 38.1, Page 15 of 47
Michigan v. Bay Mills Indian Cmty. , 572 U.S. 785, 785 (2014); see 25 U.S.C. § 2703(8); 25 C.F.R. § 502.4(c). IGRA permits Class III gaming only on Indian lands “located in a State that permits such gaming.” 25 U.S.C. § 2710(d)(1)(B). And even then, such gaming must take place in accordance with either a compact between the relevant tribe and sur- rounding state or procedures prescribed by the Secretary of the Interior. Id. § 2710(d). IGRA ensures that states’ policy choices about sports wagering are effective within their borders, including on Indian lands. If a state le- galizes sports wagering, it must engage in good faith with tribes who wish to offer such wagering; but if a state prohibits sports wagering, the prohibition applies equally on Indian lands. Id. § 2710(d)(1)-(3). C. PASPA and UIGEA In the early 1990s, professional sports leagues expressed concern to Congress that a handful of additional states were considering legaliz- ing sports wagering. See Holden & Edelman, supra , at 919-920; Edel- man, supra , at 318-320. Congress responded in 1992 by passing the Pro- fessional and Amateur Sports Protection Act (PASPA), 28 U.S.C. § 3701 et seq. The act barred states from “authoriz[ing]” wagering on amateur
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