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Prediction markets' regulation draws closer to Supreme Court
United States🏛️ PoliticsCenter7 hr. ago

Prediction markets' regulation draws closer to Supreme Court

Prediction markets are facing potential Supreme Court involvement due to conflicting rulings from lower courts regarding their regulation. New Jersey recently asked the Supreme Court to resolve disputes over whether states or the federal government should oversee these markets. The Trump administration seeks to maintain federal control, while a bipartisan group of states argues that prediction markets are similar to traditional gambling and should fall under state regulation. A recent decision by the U.S. Court of Appeals for the 3rd Circuit blocked New Jersey from enforcing its sports betting laws against Kalshi, citing federal oversight by the Commodity Futures Trading Commission (CFTC). In contrast, the 9th Circuit supported Nevada's attempt to regulate Kalshi's sports contracts. Legal experts suggest the Supreme Court may eventually weigh in, though some believe the matter needs further development in lower courts before reaching the highest level.

A federal appeals court on Friday ruled that Nevada can enforce its gambling laws against sports-related prediction contracts, rejecting challenges from Kalshi and Crypto.com. The 9th Circuit Court of Appeals dismissed Kalshi’s claim that its sports contracts fall under the 1936 Commodity Exchange Act, which regulates commodity futures trading. The court determined that these contracts are not federally regulated "swaps" but rather sports bets, allowing Nevada to regulate them under its existing gambling statutes. The ruling marks a significant setback for Kalshi, which has long sought to position itself as a federally licensed exchange free from state regulation. The decision comes amid an ongoing legal battle between states and the federal government over the regulation of prediction markets. These platforms enable users to wager on the outcomes of sports, elections, and other events, raising questions about whether such activities constitute gambling or financial instruments. Roughly 20 states are currently involved in litigation regarding their ability to regulate these markets. Legal experts suggest the dispute is likely to escalate to the Supreme Court due to conflicting rulings among different circuits. In a separate case earlier this year, the 3rd U.S. Circuit Court of Appeals reached a contrasting conclusion, ruling that the Commodity Futures Trading Commission (CFTC) holds exclusive authority over sports-related event contracts on Kalshi. That decision allowed New Jersey to apply its gambling laws to Kalshi’s platform. The divergence between the two courts highlights the lack of clarity surrounding the classification of prediction market contracts under federal law. Kalshi, represented by spokesperson Dani Lever, stated that while the 9th Circuit agreed with the 3rd Circuit on the principle that federal law prevents states from regulating trading on a federally licensed exchange, the company maintains that CFTC regulations do not prohibit sports contracts. Lever noted that the CFTC is working to clarify its rules and that Kalshi plans to pursue further judicial review. She emphasized that the ruling does not negate federal protections for exchanges like Kalshi. Nevada’s Gaming Control Board welcomed the decision, calling it a vindication of its stance that sports betting must be properly regulated by the state. “This is sports betting and needs to be properly regulated by the state,” said Nevada Gaming Control Board Chairman Mike Dreitzer in a post-ruling statement. He added that the ruling supports Nevada’s regulatory framework aimed at protecting residents from potential gambling harms. Legal advocates, including Dominick Freda of Better Markets, praised the 9th Circuit’s decision as a decisive victory for the rule of law and for states that have developed regulatory systems to safeguard public interests. Freda highlighted the importance of maintaining clear boundaries between federal and state regulatory powers in the evolving landscape of digital finance. The ruling has already sparked ripple effects within the broader gambling industry. Shares of DraftKings and Flutter Entertainment, which operates FanDuel, saw increases following the decision, reflecting investor confidence in the potential impact of the ruling on the prediction-market sector. Legal scholars, such as Columbia Law School professor Joshua Mitts, described the conflict between the circuits as a classic example of a "circuit split," which often leads to Supreme Court intervention. As the legal battle continues, the outcome will shape how prediction markets are governed in the future, whether they remain under federal oversight or fall under state regulatory frameworks. The resolution of this issue will determine the extent to which states can impose restrictions on online gambling and how federal agencies like the CFTC define the scope of their regulatory authority.

How this report was made. Objective News wrote this report from 4 source articles, using AI-assisted synthesis under our methodology. It is our own text, not a copy of any single outlet. Read our methodology.

Responsible editor: Matej BašaSpotted an error? Report it

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8 reports

Quartz logoQuartzIndependentCenterFactual 75Objective 809 days ago
States can regulate prediction markets, court rules. A Supreme Court fight could be next

A federal appellate court ruled 3-0 that states can regulate prediction markets, creating a circuit split with a previous decision from the Third Circuit. This ruling has set the stage for potential Supreme Court intervention, as differing interpretations of state regulatory authority over such markets emerge. The case highlights ongoing legal debates about the extent to which states can control markets that trade in forecasts of future events, potentially impacting both economic activity and constitutional rights. The decision underscores the need for clarity on whether these markets fall under state or federal jurisdiction.

Bias read (Center): The article presents the legal ruling and its implications without overtly favoring any particular political ideology. It reports on the judicial decision and its potential impact on future litigation without taking a clear stance on the merits of state regulation versus federal oversight. The tone,

Why factuality (75): The article reports on a 3-0 ruling that allows states to regulate prediction markets, creating a circuit split with a Third Circuit decision. This aligns with the cross-source consensus that there is a legal debate over state regulation of such markets and potential Supreme Court involvement. The a

Why objectivity (80): The article presents the ruling as a significant development that may lead to a Supreme Court showdown, using neutral language. It avoids taking sides or expressing personal opinions, maintaining a balanced tone throughout.

The Hill logoThe HillIndependentCenterFactual 75Objective 709 days ago
Appeals court rules states can regulate prediction market platforms like gambling

The 9th Circuit Court of Appeals ruled that states can regulate prediction market platforms similar to gambling and sportsbooks, significantly impacting the industry. The unanimous decision by a three-judge panel supported a lower court ruling that allowed Nevada gaming regulators to oversee the prediction market platform Kalshi. Kalshi had previously argued that only the federal government should have regulatory authority over such platforms. This ruling could lead to increased state-level oversight and potential restrictions on the operation of prediction markets, affecting both businesses and users within regulated jurisdictions.

Bias read (Center): The article presents the legal ruling and its implications without overtly favoring either side. It reports on the court's decision and the arguments from both the state regulators and the affected platform, maintaining a balanced tone. There is no clear ideological leaning in the framing of the law

Why factuality (75): The article accurately reports the 9th Circuit's rejection of Kalshi's request for injunctive relief and the court's reasoning that sports event contracts are sports bets, not swaps. It mentions the involvement of Nevada gaming regulators and the CFTC's stance. However, it omits some specific detail

Why objectivity (70): The article uses phrases like 'dealing a heavy blow to the industry' and 'major blow to the rapidly growing industry,' which introduce a biased tone favoring state regulation. While it presents both sides, the language suggests a preference for the outcome favoring state authorities.

Quartz logoQuartzIndependentCenterFactual 70Objective 807 days ago
Kalshi is partnering with brokerage Alpaca to bring prediction markets to a global audience

Kalshi, a prediction market platform, has announced a partnership with Alpaca, a brokerage firm that serves over 14 million clients across more than 300 financial institutions globally. This collaboration aims to expand Kalshi's reach to a wider international audience by leveraging Alpaca's extensive network. The partnership highlights efforts to make prediction markets more accessible to users outside the United States, where such platforms are currently limited. While the announcement focuses on growth opportunities, it does not address regulatory challenges or ethical concerns surrounding prediction markets.

Bias read (Center): The article presents a factual update on a corporate partnership without overtly favoring any political ideology. It emphasizes the strategic benefits of the collaboration without taking a stance on the broader implications of prediction markets, which could have political or societal significance.

Why factuality (70): The article accurately describes Kalshi's partnership with Alpaca and its potential for international expansion. It provides specific numbers about Alpaca's reach but doesn't reference the CEA or regulatory considerations mentioned in the primary sources. The information is factual but lacks deeper

Why objectivity (80): The article maintains a neutral and informative tone, focusing on the business development aspect of Kalshi's operations. It avoids taking sides or using emotionally charged language, presenting the partnership as a strategic move.

Semafor logoSemaforIndependentCenterFactual 60Objective 556 days ago
Kalshi politician bans could be coming - Semafor

The article mentions potential politician bans on the prediction market platform Kalshi, but provides little detail beyond this vague warning. No specific information is given about which politicians might be affected, the legal basis for such actions, or any official announcements from regulatory authorities. The piece appears to be a speculative headline rather than a fully developed report.

Bias read (Center): The article does not present a clear ideological slant or frame the issue in a partisan manner. It simply raises the possibility of future regulations without taking a position on the matter. There is no evident emphasis on one side over another, nor is there strong language suggesting a particularl

Why factuality (60): Article lacks specific details about the event, only stating that more Kalshi politician bans could come. It does not provide evidence or sources to substantiate the claim, making it less factual compared to other detailed reports. Cross-source consensus suggests the event occurred but specifics are

Why objectivity (55): Tone is speculative and lacks concrete information, suggesting potential bias. The phrase 'exclusive' implies a level of certainty not supported by detailed reporting, leaning towards promotional or speculative language.

The Hill logoThe HillIndependentCenterFactual 50Objective 305 days ago
New Jersey asks Supreme Court to review prediction market dispute

New Jersey has requested the U.S. Supreme Court to intervene in a legal dispute regarding the regulation of prediction markets. The case centers on the conflict between state authorities and private companies operating these platforms, which allow users to bet on future events. The dispute has led to inconsistent rulings at the appellate level, prompting New Jersey to seek clarity from the nation's highest court. This marks the first time such a request has been made, highlighting ongoing tensions over regulatory jurisdiction.

Bias read (Center): The article presents the legal dispute as a matter of regulatory authority without overtly favoring either side. It focuses on the procedural step of seeking Supreme Court review rather than taking a stance on the merits of the argument. The framing remains neutral, emphasizing the legal process and

Why factuality (50): The article reports that New Jersey has requested the Supreme Court to review a prediction market dispute, which aligns with the cross-source consensus that this is a developing legal issue. However, the lack of a primary source document makes it difficult to verify the full details of the request o

Why objectivity (30): The article presents a relatively neutral report on New Jersey's legal action, but the overall tone suggests a biased view of the conflict between prediction markets and states. The phrase 'growing legal battle' implies a negative perspective toward prediction markets, which may reflect an underlyin

The Hill logoThe HillIndependentProgressiveFactual 20Objective 105 days ago
Prediction market profits are corrupting America, one public figure at a time

The article discusses concerns over the influence of prediction markets on American politics, specifically focusing on the Trump family's involvement. It questions whether Republicans would take regulatory action against this financial interest, implying potential conflicts of interest. The piece highlights the growing role of prediction markets in shaping political narratives and decisions, suggesting that their profitability might be undermining democratic processes. The article raises ethical concerns about how these markets could sway public opinion and policy outcomes.

Bias read (Progressive): The article frames the issue of prediction markets as a corruption threat to democracy, using critical language toward the Trump family and implying Republican complicity. This suggests a left-leaning perspective that views such markets as undemocratic and potentially harmful to public interests.

Why factuality (20): This article contains highly subjective and unsubstantiated claims such as 'prediction market profits are corrupting America.' There is no evidence provided to support these assertions, and the reference to 'Trump family’s prediction market cash cow' lacks credible sourcing. The factuality score is

Why objectivity (10): The article is clearly written with a strong political bias, using emotionally charged language and suggesting a conspiracy or corruption linked to the Trump family. This is not objective reporting but rather a form of commentary or opinion piece disguised as news.

NPR News logoNPR NewsIndependentCenterFactual: no official source document/info detectedObjective 754 days ago
New Jersey asks Supreme Court to resolve fight over Kalshi's future

New Jersey has asked the U.S. Supreme Court to resolve a legal dispute regarding the future of Kalshi, a prediction market platform. The case could have significant implications for the entire industry, which facilitates billions of dollars in betting on various aspects of modern life. Prediction markets operate by allowing users to wager on the outcomes of real-world events, often involving politics, economics, and sports. The Supreme Court’s decision could set important precedents for the regulation of such platforms and their impact on financial markets.

Bias read (Center): The article presents the issue neutrally, focusing on the legal and regulatory implications of Kalshi's operations without taking a clear ideological stance. It emphasizes the potential impact on prediction markets and does not favor one side of the debate over another.

Why factuality: no official source document/info detected

Why objectivity (75): The article leans slightly towards emphasizing the significance of the Supreme Court involvement, potentially highlighting the importance of the case more than other angles. While it remains mostly neutral, the focus on the Supreme Court could be seen as a subtle framing choice.

The Hill logoThe HillIndependentCenter7 hr. ago
Prediction markets' regulation draws closer to Supreme Court

Prediction markets are facing potential Supreme Court involvement due to conflicting rulings from lower courts regarding their regulation. New Jersey recently asked the Supreme Court to resolve disputes over whether states or the federal government should oversee these markets. The Trump administration seeks to maintain federal control, while a bipartisan group of states argues that prediction markets are similar to traditional gambling and should fall under state regulation. A recent decision by the U.S. Court of Appeals for the 3rd Circuit blocked New Jersey from enforcing its sports betting laws against Kalshi, citing federal oversight by the Commodity Futures Trading Commission (CFTC). In contrast, the 9th Circuit supported Nevada's attempt to regulate Kalshi's sports contracts. Legal experts suggest the Supreme Court may eventually weigh in, though some believe the matter needs further development in lower courts before reaching the highest level.

Bias read (Center): The article presents both sides of the debate, federal versus state regulation of prediction markets, without overtly favoring one perspective. It includes quotes from various stakeholders, including representatives from the Trump administration, state officials, and legal experts, providing balanced,

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