Leaning into the argument that the Commodities Exchange Act (CEA) supersedes the Indian Gaming Regulatory Act and preempts tribal ordinances and regulations, Kalshi submitted a court response Wednesday asserting its right to continue operating on tribal land in New Mexico.
The company was responding to a tribal brief against its motion to dismiss and was opposing a preliminary injunction request in U.S. District Court for the District of New Mexico, where four New Mexico tribes filed suit against Kalshi in May. The response is the second of three filings required before the court can consider whether to dismiss the case or if it will allow Kalshi to continue to operate as the case moves forward.
