federal and state gaming laws. Because these statutes are capable of coexistence, the court must read them in a way that gives effect to both and construe any ambiguity in favor of tribes. Finally, IGRA provides very specific permissions and prohibitions related to sports betting on Indian lands. Therefore, Supreme Court precedent dictates that IGRA’s specific prohibitions and permissions must govern general prohibitions or permissions, such as Kalshi’s interpretation of the catch-all definition of “swap.” II. Ignoring the Applicability of IGRA Raises Serious Policy Concerns and Violates the Federal Indian Policy Kalshi’s sports betting violates well-established federal Indian policy supporting tribal sovereignty and self-determination. The U.S. Supreme Court has “consistently recognized that Indian tribes retain ‘attributes of sovereignty over both their members and their territory.’” Cabazon , 480 U.S. at 207 (quoting United States v. Mazurie , 419 U.S. 544, 557 (1975)). A “key goal of the Federal Government is to render Tribes more self-sufficient, and better positioned to fund their own sovereign functions, rather than relying on federal funding.” Michigan v. Bay Mills Indian Community , 572 U.S. 782, 810 (2014) (Sotomayor, J., concurring). Congress has declared its “commitment to the maintenance of the Federal Government’s unique and continuing relationship with, and responsibility to, individual Indian tribes and to the Indian people as a whole through the establishment of a meaningful Indian self-determination policy . . . [and] to supporting and assisting Indian Tribes in the development of strong and stable tribal governments, capable of administering quality programs and developing the economies of their respective communities.” 25 U.S.C. § 5302(b). 12 12 The Executive Branch has consistently affirmed this policy. See e.g. , Exec. Order No. 13175, Consultation and Coordination with Indian Tribal Governments, 65 Fed. Reg. 67249, § 2(c) (Nov. 6, 2000); Exec. Order No. 13647, Establishing the White House Council on Native American Affairs, 78 Fed. Reg. 39539, § 1(a) (June 26, 2013).
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