Case 1:25-cv-08846-AT Document 60-1 Filed 12/03/25 Page 19 of 31
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); California v. Iipay Nation of Santa Ysabel , 898 F.3d 960, 967 (9th Cir. 2018) (rejecting argument that “patron’s action in selecting a wager” constitutes a “pre-gaming communication, … not gaming activity” under the UIGEA because “[t]hat conduct is … subject to the provisions of the UIGEA as a ‘bet or wager’ that is initiated through the internet” (quoting 31 U.S.C. § 5362(1))). Further, IGRA facilitates a comprehensive federal scheme for the regulation of online class III gaming by way of compacting. See , e.g. , Gaming Corp. of Am. v. Dorsey & Whitney , 88 F.3d 536, 546 (8th Cir. 1996). A decision in Kalshi’s favor would upend IGRA’s inter- jurisdictional framework for class III gaming by allowing DCMs unilaterally—i.e., without the consent of tribes or states, or approval by the Secretary of the Interior—to offer sports betting on Indian lands. 2. Kalshi cannot overcome the presumption against implied repeal The Supreme Court applies the “‘strong presumption’ that repeals by implication are ‘disfavored’ and that ‘Congress will specifically address’ preexisting law when it wishes to suspend its normal operations in a later statute.” Epic Sys. Corp. v. Lewis , 584 U.S. 497, 510
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. , 25 C.F.R. § 293.26. Neither the CEA nor its implementing regulations provide such deeming authority for Kalshi’s sports bets.
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