Case: 25-7504, 01/16/2026, DktEntry: 38.1, Page 19 of 47
State is free to act on its own.” Id. at 486. States began to act almost immediately. Holden & Edelman, supra , at 932. Since Murphy , more than three dozen states and the District of Columbia have recalibrated their approach to sports wagering, moving from a policy of prohibition to a policy of legalization, licensing, and over- sight. Am. Gaming Ass’n, State of the States 2025 , at 12-13 (May 2025), perma.cc/J27S-WLSB. Congress, by contrast, has considered—but has not meaningfully advanced—legislation to address sports wagering. E.g. , SAFE Bet Act, S. 1033, 119th Cong. (2025) (introduced). II. Kalshi’s Unlicensed Sports-Wagering Platform Kalshi is not licensed to offer sports wagers by any of the three Plaintiff Tribes. See 4-ER-568-569, 579, 588-589, 600-601. Nor does California law permit sports wagering. See Cal. Const. art. IV, § 19(e); Cal. Penal Code § 337a(a)(1), (6). Indeed, just a few years ago, California voters overwhelmingly rejected proposed constitutional amendments that would have legalized sports wagering, including on Indian lands. 1 1 See Legalize Sports Betting on American Indian Lands Initiative , 2022 Cal. Stat. 26 (presented as Prop. 26 and rejected by voters in the general election of Nov. 8, 2022); Legalize Sports Betting & Revenue for Homelessness Prevention Fund Initiative , 2022 Cal. Stat. 27 (presented as Prop. 27 and rejected by voters in the general election of Nov. 8, 2022).
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