URGENT ACTION REQUESTED: Tribal Amicus Brief in Flaherty v. KalshiEx, LLC
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The Indian Gaming Association (IGA), National Congress of American Indians (NCAI), and Washington Indian Gaming Association (WIGA) are working together to file a Tribal amicus brief with the U.S. Supreme Court in Flaherty v. KalshiEx, LLC and are seeking Tribal Nations and Tribal organizations interested in joining the brief as signatories.
The case involves Kalshi’s offering of sports-event contracts through so-called prediction markets and raises significant questions regarding the application of federal, state, and Tribal gaming laws. The Tribal amicus brief will emphasize the serious implications these activities pose to Tribal sovereignty, Tribal regulatory authority, the Indian Gaming Regulatory Act (IGRA), and the economic self-sufficiency of Tribal Nations.
The Supreme Court is being asked to review conflicting federal appellate court decisions regarding whether sports-event contracts offered through prediction markets may operate outside established gaming laws and regulatory systems.
ACTION REQUESTED
IGA Member Tribes interested in participating as a signatory to the Tribal amicus brief are encouraged to indicate their interest as soon as possible.
The brief will be due no earlier than October 5, 2026, and drafting is already underway. A complete draft is expected to be circulated at least one full week before filing so that participating Tribes may review the brief before officially committing.
There is no cost to participating Tribes or Tribal organizations. Legal fees associated with the amicus effort are being covered by IGA, NCAI, and WIGA.
For additional information or to indicate your Tribe’s interest in participating, please contact:
Danielle Her Many Horses
Deputy Executive Director / General Counsel
Indian Gaming Association
This email address is being protected from spambots. You need JavaScript enabled to view it. IGA strongly encourages Member Tribes to consider lending their voices to this important effort to protect Tribal sovereignty, Tribal gaming jurisdiction, and the federal framework governing Indian gaming.