Seventh Circuit agrees to hear Kalshi's appeal in Ho-Chunk Nation tribal gaming case

The ruling under appeal

The Ho-Chunk Nation sued Kalshi Inc., KalshiEX LLC and two Robinhood entities, alleging that sports-related event contracts offered on their prediction markets amount to unlawful gaming on its tribal land. On May 11, 2026, Judge Conley dismissed the tribe's Lanham Act and RICO claims but allowed its IGRA claims to go forward. He denied a preliminary injunction, finding that the Nation was likely to succeed on the merits of its IGRA claim but had not shown irreparable harm.

On September 11, Conley certified that ruling for an interlocutory appeal under 28 U.S.C. § 1292(b). He framed two questions for the appeals court:

• whether the Nation can bring an IGRA claim to stop class III gaming offered on tribal land by an entity that is not a party to the tribal-state compact, which he answered "yes"; and
• whether the Commodity Exchange Act or the Unlawful Internet Gambling Enforcement Act preempts the Nation's authority under IGRA over sports event contracts offered on tribal lands through a derivatives exchange, which he answered "no".

Conley wrote that the case would "certainly be appealed all the way up to the Supreme Court" whatever the outcome.

Filings before the panel

The order lists Kalshi's petition of September 21, the Nation's answer in opposition and cross-petition of October 8, Kalshi's reply papers, and an October 19 response from Robinhood opposing the Nation's cross-petition. The panel was Circuit Judges John Z. Lee, Doris L. Pryor and Nancy L. Maldonado.

Related coverage: Wisconsin tribes ask court to throw out lawsuit against Act 247 mobile wagering law and Kalshi sues Louisiana in federal court to block state gambling enforcement.

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