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CFTC issues interim final rule excluding casino-style betting products from swap definition
NFL
2026-10-08 18:06:41

NFL joins states, Gensler and Chris Dodd in Supreme Court fight over prediction market oversight

The National Football League has entered the legal battle over who should regulate sports-related prediction markets, filing an amicus brief with the U.S. Supreme Court in support of state gambling regulators rather than the Commodity Futures Trading Commission. The filing places the league alongside state governments, tribal interests, former CFTC Chair Gary Gensler and former Senator Chris Dodd, one of the authors of the Dodd-Frank Act, in opposing the view that federally regulated exchanges such as Kalshi and Polymarket fall solely under CFTC authority. The dispute has sharpened after conflicting federal court rulings. One court backed Kalshi’s argument that the CFTC is its exclusive regulator, while two others sided with states that say sports betting remains subject to local gambling laws. New Jersey has asked the Supreme Court to take the case and settle the split. In its filing, the NFL said it had raised concerns with the CFTC about sports wagering practices on prediction platforms but did not get the response it wanted. The league argued that current federal oversight is weaker than state gaming regulation, pointing to risks around game integrity, consumer protection, underage betting and the agency’s staffing capacity. The CFTC rejected that characterization, saying it has engaged with the NFL since the beginning and calling it unfortunate that the league did not secure an arrangement that could have improved cooperation and information sharing.

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NFL joins states, Gensler and Chris Dodd in Supreme Court fight over prediction market oversight
NFL
2026-10-08 11:11:55

NFL tells Supreme Court sports contracts on prediction markets are gambling and should be regulated by states

The National Football League has asked the U.S. Supreme Court to take up a dispute over whether sports event contracts listed on prediction markets should be treated as gambling under state law or as swaps under the exclusive jurisdiction of the Commodity Futures Trading Commission. In an amicus brief filed Oct. 8, the league backed the New Jersey Division of Gaming Enforcement’s appeal in its case against Kalshi, arguing that state regulators and licensed sportsbooks already operate with guardrails designed to protect game integrity, while prediction market platforms do not face the same restrictions. The filing says that on the first Sunday of the current NFL season, $1.8 billion of the prediction market’s $3.3 billion total trading volume was tied to NFL games. The league also pointed to staffing disparities, saying the CFTC has 543 employees nationwide, while gaming regulators in Nevada and Pennsylvania each have nearly 400 staff. NFL said Kalshi has not worked with the league on compliance issues, and told CNBC that neither the CFTC nor prediction market operators bar easily manipulated bet types or impose a minimum age of 21. The case, docketed as No. 26-299, comes as federal appeals courts have split on whether Kalshi’s sports event contracts meet the statutory definition of swaps. Kalshi’s response is due Nov. 9, and the Supreme Court has not yet decided whether it will hear the case.

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NFL tells Supreme Court sports contracts on prediction markets are gambling and should be regulated by states
NFL
2026-10-09 10:01:06

NFL asks U.S. Supreme Court to review whether Kalshi sports contracts are gambling or swaps

The National Football League has asked the U.S. Supreme Court to step into a growing legal fight over sports event contracts listed on prediction markets, arguing that the products are gambling rather than swaps under federal derivatives law. In an amicus brief filed Thursday, the league backed New Jersey officials seeking review in Flaherty v. KalshiEX after the Third Circuit sided with Kalshi. The NFL said billions of dollars are expected to be wagered on its games through prediction markets each season and warned that delay would increase consumer harm and threaten game integrity. The dispute turns on whether Kalshi’s sports contracts fall under the Dodd-Frank Act and therefore under the Commodity Futures Trading Commission’s exclusive jurisdiction. The Third Circuit said yes, while the Sixth and Ninth Circuits reached the opposite result. The NFL argued that swaps are meant to hedge existing risk, not create risk for gambling purposes. It also pointed to market activity, saying $1.8 billion of the $3.3 billion traded across prediction markets on the first Sunday of the NFL season was tied to NFL outcomes. Kalshi pushed back, saying market integrity is its top priority and that it works with other major U.S. sports leagues and integrity partners, including Major League Baseball and the NHL. Former CFTC Chair Gary Gensler and former Sen. Chris Dodd also filed briefs, each arguing that Congress did not hand sports betting oversight from states to the CFTC.

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NFL asks U.S. Supreme Court to review whether Kalshi sports contracts are gambling or swaps
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