Case: 2:25-cv-01165-SDM-CMV Doc #: 34-1 Filed: 11/14/25 Page: 20 of 22 PAGEID #: 538
“[Indian tribes] remain ‘separate sovereigns pre-existing the Constitution,’” Michigan v. Bay Mills Indian Cmty. , 572 U.S. 782, 788 (2014) (quoting Santa Clara Pueblo v. Martinez , 436 U.S. 49, 56 (1978)). Congress has expressly declared its commitment to supporting Tribal self-determination and self-governance. 25 U.S.C. § 5302(b). And the Executive Branch has consistently affirmed this policy. See e.g. , Exec. Order No. 13175, § 2(c), 65 Fed. Reg. 67,249 (Nov. 6, 2000); Exec. Order No. 13647, § 1(a), 78 Fed. Reg. 39,539 (June 26, 2013). In Cabazon , the Supreme Court recognized the importance of “the congressional goal of Indian self-government, including its overriding goal of encouraging tribal self-sufficiency and economic development[,]” and noted that federal agencies “ha[ve] sought to implement these policies by promoting tribal bingo enterprises.” 480 U.S. at 216–17 (internal quotations omitted). Additionally, tribal casinos often provide “the sole source of revenues for the operation of the tribal governments and the provision of tribal services” and that, in some instances, tribal casinos “are also the major sources of employment on the reservations.” Id. at 218–19. Following Cabazon , Congress declared in IGRA that “[t]he purpose of [IGRA] is … to provide 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 ….” 25 U.S.C. § 2702(1). 12
12 To the extent Kalshi argues, as others have, that the policy concerns raised by Tribal Amici are for Congress to decide, see Pl.’s Resp. Amici Curiae Brief at 5, Crypto.com , No. 2:25-cv-00978, (D. Nev. Sept. 29, 2025) ECF No. 92; Pl.’s Resp. to Brief of Amici Curiae at 6 , Robinhood Derivatives, LLC v. Dreitzer , No. 2:25-cv-01541 (D. Nev. Oct. 14, 2025) ECF No. 49, Congress has already done so through IGRA, which was not repealed by the CEA.
19
Made with FlippingBook - Online catalogs