Case: 3:25-cv-00698-wmc Document #: 56-1 Filed: 01/06/26 Page 2 of 13
Amici”) respectfully submit this brief in support of the Ho-Chunk Nation’s (“Ho-Chunk” or “Nation”) motion for preliminary injunction. STATEMENT OF INTEREST As described more fully in their Motion for Leave to File Amicus Brief, IGA, NCAI, WIGA, CNIGA, AIGA, OIGA, NAFOA, and the Amici Tribes all have a shared, strong interest in this case because of its potential to have a significant impact on tribal sovereign rights regarding gaming on Indian lands. Tribal gaming revenue provides vital funding for essential government services, tribal programs, and economic development. ARGUMENT Tribes, including Ho-Chunk, have primary and in some cases exclusive jurisdiction over their lands and all activities occurring thereon. Tribes are “separate sovereigns pre-existing the Constitution,” or, in other words, “distinct, independent political communities, retaining their original natural rights,” except where limited by treaties or Congressional action. Santa Clara Pueblo v. Martinez , 436 U.S. 49, 56 (1978); Worcester v. Georgia , 31 U.S. 515, 559 (1832). Both Congress and the Supreme Court have long recognized this inherent sovereign right extends to conducting and regulating gaming on their Indian lands. California v. Cabazon Band of Mission Indians , 480 U.S. 202, 218–22 (1987); 25 U.S.C. § 2701(5). Thus tribes, like states, have a strong sovereign interest in determining what gaming activities may take place on their lands. See 25 U.S.C. § 2701(5). In 1988, Congress enacted the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. § 2701 et seq. , to provide a comprehensive regulatory framework for tribal gaming, and “a statutory basis for the operation of gaming by Indian tribes as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments,” and to protect Indian
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