Close Menu

    Subscribe to Updates

    Get the latest tech news from Tallwire.

      What's Hot

      Huawei Racketeering Trial Puts Chinese Tech Giant’s Conduct Under U.S. Scrutiny

      September 13, 2026

      Cohere and Mistral Weigh a Transatlantic Challenge to AI Superpowers

      September 13, 2026

      Pentagon Weighs $5 Billion Loan to Strengthen America’s AI Infrastructure

      September 13, 2026
      Facebook X (Twitter) Instagram
      • Tech
      • AI
      • Get In Touch
      Facebook X (Twitter) LinkedIn
      TallwireTallwire
      • Tech

        Pentagon Weighs $5 Billion Loan to Strengthen America’s AI Infrastructure

        September 13, 2026

        San Francisco Weighs Data Center Moratorium as AI Infrastructure Backlash Grows

        September 12, 2026

        Australia Warned Space Is Becoming the Next Military Battlefront

        September 12, 2026

        New York Rebuilds the Twin Towers in Light for 9/11’s 25th Anniversary

        September 12, 2026

        California Warms to Nuclear Power as Energy Reality Challenges Decades of Opposition

        September 11, 2026
      • AI

        Cohere and Mistral Weigh a Transatlantic Challenge to AI Superpowers

        September 13, 2026

        Pentagon Weighs $5 Billion Loan to Strengthen America’s AI Infrastructure

        September 13, 2026

        Chinese AI Firms Accused of Harvesting U.S. Models at Industrial Scale

        September 13, 2026

        AI Startup Retires “Stop Hiring Humans” Campaign as Job Fears Intensify

        September 13, 2026

        China’s AI Entertainment Revolution Offers Hollywood a Warning From the Future

        September 12, 2026
      • Security

        Huawei Racketeering Trial Puts Chinese Tech Giant’s Conduct Under U.S. Scrutiny

        September 13, 2026

        Chinese AI Firms Accused of Harvesting U.S. Models at Industrial Scale

        September 13, 2026

        Bipartisan AI Safety Push Roars Back as Washington Confronts “Catastrophic” Risks

        September 12, 2026

        AI Bioweapon Attempts Expose the Security Risks Behind the Artificial Intelligence Race

        September 12, 2026

        Students Push Back as AI Surveillance Cameras Spread Across Public Schools

        September 10, 2026
      • Health

        AI-Designed Drug Shows Early Signs of Reversing Biological Age

        September 9, 2026

        AI-Powered Mosquito Defense Arrives as West Nile Threat Intensifies

        September 4, 2026

        Waymo Crosswalk Scare Raises New Questions About Robotaxi Safety Around Children

        September 3, 2026

        Teens Turning To AI For Emotional Support Show Significantly Higher Distress

        September 3, 2026

        Meta’s $17 Billion Settlement Signals Big Tobacco-Style Reckoning for Social Media

        September 3, 2026
      • Science

        Australia Warned Space Is Becoming the Next Military Battlefront

        September 12, 2026

        AI Bioweapon Attempts Expose the Security Risks Behind the Artificial Intelligence Race

        September 12, 2026

        California Warms to Nuclear Power as Energy Reality Challenges Decades of Opposition

        September 11, 2026

        AI-Designed Drug Shows Early Signs of Reversing Biological Age

        September 9, 2026

        AI Safety Researcher Warns Superintelligence Could Threaten Humanity

        September 9, 2026
      • Tech

        Elon Musk Threatens Legal Action as Documentary Battle Escalates

        September 13, 2026

        Dolly Parton’s Family Condemns Flood of AI-Generated Misinformation After Her Death

        September 11, 2026

        Meta’s Muse Pushes AI From Answering Questions to Acting on Users’ Behalf

        September 9, 2026

        AI Wipes Out Kenya’s Once-Thriving College Essay Industry

        September 9, 2026

        YouTuber Jack Doherty Arrested on Domestic Battery Charge in Florida

        September 8, 2026
      TallwireTallwire
      Home»Government»States Challenge Federal Push to Shield Prediction Markets From Gambling Laws
      Government

      States Challenge Federal Push to Shield Prediction Markets From Gambling Laws

      3 Mins Read
      Facebook Twitter Pinterest LinkedIn Tumblr Email
      Share
      Facebook Twitter LinkedIn Pinterest Email

      A widening legal battle over prediction markets is testing the limits of federal regulatory power and the traditional authority of states to police gambling. The Commodity Futures Trading Commission has taken the unusual step of suing nine states that have attempted to regulate or restrict prediction-market platforms such as Kalshi and Polymarket, arguing that federally regulated event contracts fall within the CFTC’s exclusive jurisdiction. States counter that contracts allowing customers to wager money on sports, elections and other uncertain outcomes are gambling regardless of the financial terminology used to describe them. Conflicting federal court decisions have deepened the dispute: the Third Circuit has supported federal preemption in a New Jersey case, while the Ninth Circuit has now upheld Nevada’s authority to enforce its gambling laws against Kalshi’s sports contracts. The growing split raises fundamental questions about federalism, consumer protection and whether Washington can effectively remove an activity resembling traditional wagering from state oversight simply by regulating it as a financial derivative.

      Key Takeaways

      • The CFTC has sued nine states to defend what it considers its exclusive federal jurisdiction over regulated prediction markets, while states maintain that sports and other event contracts constitute gambling subject to state licensing, consumer-protection and enforcement laws.
      • The legal landscape is sharply divided. The Third Circuit backed Kalshi’s federal-preemption argument against New Jersey, while the Ninth Circuit concluded that Nevada may enforce state gambling laws against Kalshi’s sports-event contracts.
      • The dispute increasingly appears headed toward the Supreme Court because competing appellate rulings leave unresolved whether federal commodities law can displace states’ traditional authority over gambling within their borders.

      In-Depth

      The fight over prediction markets has become a test of federalism, pitting the Commodity Futures Trading Commission against states that insist platforms such as Kalshi and Polymarket are running gambling operations. The CFTC maintains that event contracts traded on federally registered exchanges fall under its exclusive jurisdiction, while state officials argue that sports and other outcome-based contracts remain subject to state gambling laws.

      The conflict has escalated beyond routine regulatory disagreement. The CFTC has sued nine states, including Wisconsin, Minnesota, New York and New Mexico, seeking to prevent officials from enforcing gambling restrictions against federally regulated prediction markets. New York, meanwhile, has sued Kalshi, alleging an illegal, unlicensed gambling operation and seeking penalties. The CFTC subsequently invoked emergency authority after Kalshi warned that New York’s action threatened its federally regulated market.

      Courts have produced conflicting answers. The Third Circuit concluded that federal commodities law likely preempts New Jersey’s attempt to regulate Kalshi’s sports contracts. But courts elsewhere have sided with states. Most significantly, the Ninth Circuit ruled that Nevada may enforce its gambling laws against Kalshi’s sports-related contracts, rejecting the argument that federal commodities regulation automatically displaces state authority.

      That split makes Supreme Court review plausible. The larger question reaches beyond prediction markets: whether a federal financial regulator can transform activities treated as gambling into nationally protected financial products. States contend that such a result would weaken consumer protections, licensing systems and police powers. Prediction-market operators counter that fragmented state regulation would undermine the uniform national derivatives market Congress created.

      Sources

      • https://www.cftc.gov/PressRoom/PressReleases/9220-26
      • https://law.justia.com/cases/federal/appellate-courts/ca3/25-1922/25-1922-2026-04-06.html
      • https://law.justia.com/cases/federal/appellate-courts/ca9/25-7516/25-7516-2026-08-28.html
      • https://ag.ny.gov/press-release/2026/governor-hochul-and-attorney-general-james-announce-new-york-has-sued-kalshi
      • https://www.cftc.gov/PressRoom/PressReleases/9281-26
      • https://www.cftc.gov/PressRoom/PressReleases/9251-26
      Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
      Previous ArticleMusk Moves To Break Turbine Bottleneck Threatening America’s AI Expansion
      Next Article Meta’s Anthropic Reliance Exposes the AI Industry’s New Competitive Reality

      Related Posts

      Huawei Racketeering Trial Puts Chinese Tech Giant’s Conduct Under U.S. Scrutiny

      September 13, 2026

      Cohere and Mistral Weigh a Transatlantic Challenge to AI Superpowers

      September 13, 2026

      Pentagon Weighs $5 Billion Loan to Strengthen America’s AI Infrastructure

      September 13, 2026

      Hunter Biden’s $LAPTOP Meme Coin Crashes as Mystery Trader Scores Nearly $1 Million

      September 13, 2026
      Add A Comment
      Leave A Reply Cancel Reply

      Editors Picks

      Pentagon Weighs $5 Billion Loan to Strengthen America’s AI Infrastructure

      September 13, 2026

      San Francisco Weighs Data Center Moratorium as AI Infrastructure Backlash Grows

      September 12, 2026

      Australia Warned Space Is Becoming the Next Military Battlefront

      September 12, 2026

      New York Rebuilds the Twin Towers in Light for 9/11’s 25th Anniversary

      September 12, 2026
      Popular Topics
      Startup trending Tesla Taiwan Tech Viral Sundar Pichai Series A spotlight Samsung Tesla Cybertruck Satellite starlink Space UAE Tech Satya Nadella Software Stocks Tim Cook Series B SpaceX
      Major Tech Companies
      • Apple News
      • Google News
      • Meta News
      • Microsoft News
      • Amazon News
      • Samsung News
      • Nvidia News
      • OpenAI News
      • Tesla News
      • AMD News
      • Anthropic News
      • Elbit News
      AI & Emerging Tech
      • AI Regulation News
      • AI Safety News
      • AI Adoption
      • Quantum Computing News
      • Robotics News
      Key People
      • Sam Altman News
      • Jensen Huang News
      • Elon Musk News
      • Mark Zuckerberg News
      • Sundar Pichai News
      • Tim Cook News
      • Satya Nadella News
      • Mustafa Suleyman News
      Global Tech & Policy
      • Israel Tech News
      • India Tech News
      • Taiwan Tech News
      • UAE Tech News
      Startups & Emerging Tech
      • Series A News
      • Series B News
      • Startup News
      Tallwire
      Facebook X (Twitter) LinkedIn Threads Instagram RSS
      • Tech
      • Entertainment
      • Business
      • Government
      • Academia
      • Transportation
      • Legal
      • Press Kit
      © 2026 Tallwire. Optimized by ARMOUR Digital Marketing Agency.

      Type above and press Enter to search. Press Esc to cancel.