Case 3:25-cv-02016-VDO Document 56-1 Filed 01/16/26 Page 19 of 29
Kalshi has previously tried to avoid the implied repeal of IGRA required by its preemption arguments by asserting that IGRA “does not authorize tribes to regulate gaming available over the internet” and is therefore inapplicable to its sports-betting activity. See Brief of Appellant at 55, KalshiEX LLC v. Martin , No. 25-1892 (4th Cir. Oct. 15, 2025), ECF No. 16. But the issue here isn’t whether tribes can regulate Kalshi’s sports betting on Indian lands (they can). Rather, it is whether Congress set up a regulatory system that is incompatible with IGRA. And Kalshi’s theory means it can offer sports betting even to people physically located on Indian lands contrary to tribal prohibitions, just as it does in states notwithstanding state law prohibitions. 8 In states like Connecticut, where tribes have substantial exclusivity over sports betting, Kalshi again does double damage: it violates both tribal restrictions on sports betting conducted on Indian lands pursuant to IGRA and Connecticut law protecting tribal exclusivity. Ironically, in arguing that IGRA does not authorize tribes to regulate online gaming, Kalshi cited West Flagler Associates, Ltd. v. Haaland , which held that IGRA allows states and tribes to allocate jurisdiction over the regulation of internet gaming conducted by a tribe throughout the state, including on its Indian lands. Id. ; see 71 F.4th 1059, 1061–62, 1066 (D.C. Cir. 2023), cert. denied , 144 S. Ct. 2671 (2024). IGRA’s implementing regulations also expressly state that tribes can regulate online gaming pursuant to the terms of their IGRA compacts. See 25 C.F.R. § 293.26. In Connecticut, the Secretary of the Interior specifically approved of the terms within the Connecticut Tribes’ tribal-state agreements that provide for on-
8 For example, Kalshi allows any user over the age of 18 to bet on the outcome of sporting events; whereas, the Connecticut Tribes’ gaming agreements and Connecticut law prohibit sports wagering for anyone under the age of 21. Mohegan Agreement § 5; Mashantucket Pequot Agreement § 5; Conn. Gen. Stat. § 12-863(a)(1).
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