Case 1:25-cv-08846-AT Document 60-1 Filed 12/03/25 Page 18 of 31
B. The CEA does not impliedly repeal IGRA or any other applicable federal law By asserting that the CFTC has exclusive jurisdiction over sports betting (including that which occurs on Indian lands), Kalshi effectively contends that the CEA impliedly repealed IGRA. Kalshi even made this argument before the Maryland District Court, stating that even if “IGRA’s definition of ‘gaming’” encompassed sports event contracts, “the CEA’s exclusive jurisdiction provision would displace any attempt by tribes to regulate those contracts.” Pl. Reply Supp. Prelim. Inj. at 8, Martin , No. 1:25-cv-01283, ECF No. 29. However, Kalshi has recently argued that the CFTC’s alleged exclusive jurisdiction over its sports-event contracts does not impliedly repeal IGRA because “IGRA gives Native American tribes the authority to regulate gaming ‘on Indian lands,’ … but does not authorize tribes to regulate gaming available over the internet.” Appellant Br. at 55, Martin , No. 25-1892, 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 before the Fourth Circuit that IGRA cannot authorize tribes to regulate online gaming, it 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
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