TO: Indian Gaming Association Member Tribes FROM: David Z. Bean, Chairman Jason Giles, Executive Director RE: URGENT ALERT: Tribal Amicus Brief Sign-On Due October 6 Date: October 5, 2026

Date: October 4, 2026

The National Congress of American Indians (NCAI), the Indian Gaming Association, and the Washington Indian Gaming Association request that Tribal Nations and Tribal organizations join an amicus brief urging the U.S. Supreme Court to review Mary Jo Flaherty and Jennifer Davenport v. KalshiEX, LLC, No. 26-299.

This brief provides an opportunity for Tribal Nations and Tribal organizations to bring Indian Country’s perspective before the Court as it considers whether to hear the first U.S. Supreme Court case to consider the legality of CFTC-regulated sports contracts and prediction markets. Broad participation by Tribal Nations and Tribal organizations will help demonstrate the importance of Tribal voices in the Court’s consideration.

To participate, please email your intent to sign on to the California Nations Indian Gaming Association at ambar@cniga.com by close of business Eastern Time on Tuesday, October 6, 2026.

Please include:

The full legal name of your Tribal Nation or Tribal organization, exactly as it should appear in the brief.
The name, title, and contact information of your designated representative.

The brief supports the petition for a writ of certiorari — asking the Supreme Court to review the decision of the U.S. Court of Appeals for the Third Circuit.

Please review the attached draft brief and share this request with your legal counsel and appropriate leadership as soon as possible.

Thank you for considering this opportunity to ensure Indian Country’s voices are represented before the Supreme Court.

View Draft Brief

If you have any questions or would like more information, please contact Leonard Fineday, NCAI General Counsel at lfineday@ncai.org