Case: 2:25-cv-01165-SDM-CMV Doc #: 34-1 Filed: 11/14/25 Page: 12 of 22 PAGEID #: 530
regulate gaming ‘on Indian lands,’ … but does not authorize tribes to regulate gaming available over the internet.” Br. of Appellant Supp. Prelim. Inj. at 70, KalshiEx, LLC v. Martin , No. 25- 1892 (4th Cir. Oct. 15, 2025), ECF No. 16 (quoting 25 U.S.C § 2701). The Court should reject these arguments because IGRA authorizes tribes to regulate gaming activities on Indian lands, including the placement of wagers from Indian lands over the internet; and the presumption against implied repeals applies here, where the CEA does not authorize DCMs to offer sports betting. 1. IGRA protects tribes’ authority to regulate online gaming on Indian lands Ironically, in the very same paragraph that Kalshi makes the argument that IGRA cannot authorize tribes to regulate online gaming, Kalshi cites the West Flagler Associates, Ltd. v. Haaland decision, in which the D.C. Circuit 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. 71 F.4th 1059, 1065–66 (D.C. Cir. 2023), cert. denied , 144 S. Ct. 2671 (2024). IGRA’s implementing regulations also expressly prescribe the bounds for when tribes can regulate online gaming pursuant to the terms of their IGRA compacts. See 25 C.F.R. § 293.26. Moreover, the Unlawful Internet Gambling Enforcement Act (“UIGEA”) comports with IGRA, in that under both statutes, when an individual physically located on Indian lands places or initiates a bet or wager, that bet or wager takes place on Indian lands, even if it is placed online. 7 See e.g. , 31 U.S.C. § 5362(10)(A) (“The term ‘unlawful internet gambling’ means to 7 It is, of course, possible for online wagers to be treated as occurring somewhere other than the player’s physical location, but such treatment requires statutory authorization. See, e.g. , W. Flagler , 71 F.4th at 1065–66 (holding IGRA compacts may include provisions deeming tribes’ statewide mobile wagering to occur on its Indian lands for the purpose of being subject to tribal regulation, where state law deems such activity to occur on Indian lands); 25 C.F.R. § 293.26
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