Case: 2:25-cv-01165-SDM-CMV Doc #: 34-1 Filed: 11/14/25 Page: 3 of 22 PAGEID #: 521
(collectively, “Tribal Amici”) 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. Such vital gaming revenue provides funding for essential government services, tribal programs, and economic development. ARGUMENT The Tribal Amici respectfully submit this brief in support of the Defendants’ combined response to KalshiEX, LLC’s (“Kalshi”) motion for preliminary injunction. Indian tribes are sovereign nations with primary jurisdiction over their lands and the activities occurring on their lands. In accordance with this principle, both the United States Supreme Court and Congress have recognized tribes’ inherent and exclusive sovereign right to conduct and regulate gaming on their Indian lands. California v. Cabazon Band of Mission Indians , 480 U.S. 202 (1987); 25 U.S.C. § 2701(5). Congress enacted the Indian Gaming Regulatory Act (“IGRA”) to provide a comprehensive federal regulatory framework for tribal gaming, including a mechanism for tribes and states to negotiate compacts governing Class III gaming, such as sports betting, subject to federal approval. See 25 U.S.C. §§ 2702, 2703(8), 2710(d)(3). Some states have negotiated compacts wherein tribes are the exclusive operators of certain types of gaming within the state. E.g. , Artichoke Joe’s California Grand Casino v. Norton , 353 F.3d 712, 718 (9th Cir. 2003). KalshiEX, LLC (“Kalshi”) unlawfully and unfairly entered into the gaming market, which adversely impacts tribal gaming revenue and infringes upon the benefit of tribes’ of Chukchansi Indians; Pokagon Band of Potawatomi Indians; Pueblo of Acoma; Pueblo of Sandia; Rincon Band of Luiseño Indians; Santa Ynez Band of Chumash Mission Indians; Seminole Tribe of Florida; Shingle Springs Band of Miwok Indians, Shingle Springs Rancheria (Verona Tract); Sycuan Band of the Kumeyaay Nation; Table Mountain Rancheria; Tulalip Tribes of Washington; and Yuhaaviatam of San Manuel Nation.
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