{"id":2760,"date":"2026-08-28T23:37:59","date_gmt":"2026-08-28T23:37:59","guid":{"rendered":"https:\/\/blueroutejournal.com\/?p=2760"},"modified":"2026-08-28T23:37:59","modified_gmt":"2026-08-28T23:37:59","slug":"prediction-markets-dealt-major-blow-in-state-gambling-fight","status":"publish","type":"post","link":"https:\/\/blueroutejournal.com\/?p=2760","title":{"rendered":"Prediction Markets Dealt Major Blow In State Gambling Fight"},"content":{"rendered":"
\n
\n

A federal appeals court ruled Friday that Nevada can enforce its gambling laws against sports-related prediction contracts, rejecting challenges from Kalshi and Crypto.com and dealing a major blow to the rapidly growing industry.\u00a0<\/span><\/p>\n

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The Ninth Circuit Court of Appeals rejected Kalshi\u2019s argument that its sports contracts are federally regulated financial instruments under the Commodity Exchange Act. The court also rejected an appeal from Crypto.com.<\/span><\/p>\n

\u201cThe sports event contracts were not \u2018swaps\u2019 because they were sports bets,\u201d the unanimous three-judge <\/span>.<\/span><\/p>\n

The decision conflicts with an earlier Third Circuit ruling that found New Jersey could not apply its gambling laws to Kalshi. The split raised the possibility that<\/span> the Supreme Court could eventually decide whether sports-event contracts are financial instruments under federal jurisdiction or wagers subject to state gambling laws.<\/span><\/p>\n

The court rejected Kalshi\u2019s argument that the contracts should be treated as swaps \u2014 a type of derivative regulated by the Commodity Futures Trading Commission \u2014 simply because they are structured as financial instruments. <\/span><\/p>\n

\u201cThe CFTC is not a national gambling regulator,\u201d Judge Ryan Nelson wrote for the panel. \u201cNo one suggested it was until over a decade after the law was passed.\u201d<\/span><\/p>\n

The CFTC\u00a0<\/span>told\u00a0CNBC that it has exclusive authority over prediction markets operating under the Commodity Exchange Act and has previously sued states\u00a0<\/span>to prevent them from regulating the platforms under state gambling laws.<\/span><\/p>\n

State regulators have pushed back aggressively. Dozens of states have argued that sports-related prediction contracts are effectively sports wagers and should be subject to the same laws and taxes as traditional gambling. <\/span><\/p>\n

\u201cThe substance of the sports event contracts offered on Kalshi\u2019s exchange is sports gambling, regardless of whether Kalshi calls them swaps,\u201d the Ninth Circuit said.<\/span><\/p>\n

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The court also pointed to Kalshi\u2019s own marketing, noting that the company had advertised itself as \u201cthe first app for legal sports betting\u201d in all 50 states.<\/span><\/p>\n

The Ninth Circuit\u2019s decision upheld a lower-court ruling in Nevada that allowed state gaming authorities to regulate Kalshi\u2019s sports contracts. <\/span><\/p>\n

\u201cThis is sports betting and needs to be properly regulated by the state,\u201d Nevada Gaming Control Board Chairman Mike Dreitzer wrote in a <\/span> after the decision.<\/span><\/p>\n

Kalshi argued that the ruling did not eliminate federal protections for federally regulated exchanges and said it intends to continue fighting.<\/span><\/p>\n

\u201cThe Ninth Circuit agreed with the Third Circuit on a fundamental point: Federal law prevents states from regulating trading on a federally licensed exchange, like Kalshi,\u201d Kalshi spokeswoman Dani Lever said in an email to <\/span>CBS News<\/span>. <\/span><\/p>\n

Lever added that the company believes the CFTC\u2019s regulations permit sports contracts and that it will seek further review.<\/span><\/p>\n

The Ninth Circuit\u2019s ruling immediately reverberated through the gambling industry. According to CNBC, shares of DraftKings and Flutter Entertainment, the parent company of FanDuel, rose following the decision as investors assessed the implications for the increasingly competitive prediction-market sector.<\/span><\/p>\n

\u201cThis is a classic circuit split,\u201d Columbia Law School professor Joshua Mitts told CNBC. \u201cUltimately, this is the kind of legal controversy or legal difference of opinion which will make its way to the Supreme Court.\u201d<\/span><\/p>\n

Read more Illegal Immigrant With Sanctuary-State License Charged In Child Hit-And-Run<\/a><\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

A federal appeals court ruled Friday that Nevada can enforce its gambling laws against sports-related prediction contracts, rejecting challenges from Kalshi and Crypto.com and dealing a major blow to the rapidly growing industry.\u00a0The Ninth Circuit Court of Appeals rejected Kalshi\u2019s argument that its sports contracts are federally regulated financial instruments under the Commodity Exchange Act. The court also rejected an appeal from Crypto.com.\u201cThe sports event contracts were not \u2018swaps\u2019 because they were sports bets,\u201d the unanimous three-judge panel wrote.The decision conflicts with an earlier Third Circuit ruling that found New Jersey could not apply its gambling laws to Kalshi. The split raised the possibility that the Supreme Court could eventually decide whether sports-event contracts are financial instruments under federal jurisdiction or wagers subject to state gambling laws.The court rejected Kalshi\u2019s argument that the contracts should be treated as swaps \u2014 a type of derivative regulated by the Commodity Futures Trading Commission \u2014 simply because they are structured as financial instruments. \u201cThe CFTC is not a national gambling regulator,\u201d Judge Ryan Nelson wrote for the panel. \u201cNo one suggested it was until over a decade after the law was passed.\u201dThe CFTC\u00a0told\u00a0CNBC that it has exclusive authority over prediction markets operating under the Commodity Exchange Act and has previously sued states\u00a0to prevent them from regulating the platforms under state gambling laws.State regulators have pushed back aggressively. Dozens of states have argued that sports-related prediction contracts are effectively sports wagers and should be subject to the same laws and taxes as traditional gambling. \u201cThe substance of the sports event contracts offered on Kalshi\u2019s exchange is sports gambling, regardless of whether Kalshi calls them swaps,\u201d the Ninth Circuit said.The court also pointed to Kalshi\u2019s own marketing, noting that the company had advertised itself as \u201cthe first app for legal sports betting\u201d in all 50 states.The Ninth Circuit\u2019s decision upheld a lower-court ruling in Nevada that allowed state gaming authorities to regulate Kalshi\u2019s sports contracts. \u201cThis is sports betting and needs to be properly regulated by the state,\u201d Nevada Gaming Control Board Chairman Mike Dreitzer wrote in a statement after the decision.Kalshi argued that the ruling did not eliminate federal protections for federally regulated exchanges and said it intends to continue fighting.\u201cThe Ninth Circuit agreed with the Third Circuit on a fundamental point: Federal law prevents states from regulating trading on a federally licensed exchange, like Kalshi,\u201d Kalshi spokeswoman Dani Lever said in an email to CBS News. Lever added that the company believes the CFTC\u2019s regulations permit sports contracts and that it will seek further review.The Ninth Circuit\u2019s ruling immediately reverberated through the gambling industry. According to CNBC, shares of DraftKings and Flutter Entertainment, the parent company of FanDuel, rose following the decision as investors assessed the implications for the increasingly competitive prediction-market sector.\u201cThis is a classic circuit split,\u201d Columbia Law School professor Joshua Mitts told CNBC. \u201cUltimately, this is the kind of legal controversy or legal difference of opinion which will make its way to the Supreme Court.\u201d<\/p>\n","protected":false},"author":1,"featured_media":2759,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"class_list":["post-2760","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news-2"],"yoast_head":"\nPrediction Markets Dealt Major Blow In State Gambling Fight - Blue Route Journal<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/blueroutejournal.com\/?p=2760\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Prediction Markets Dealt Major Blow In State Gambling Fight - Blue Route Journal\" \/>\n<meta property=\"og:description\" content=\"A federal appeals court ruled Friday that Nevada can enforce its gambling laws against sports-related prediction contracts, rejecting challenges from Kalshi and Crypto.com and dealing a major blow to the rapidly growing industry.\u00a0The Ninth Circuit Court of Appeals rejected Kalshi\u2019s argument that its sports contracts are federally regulated financial instruments under the Commodity Exchange Act. The court also rejected an appeal from Crypto.com.\u201cThe sports event contracts were not \u2018swaps\u2019 because they were sports bets,\u201d the unanimous three-judge panel wrote.The decision conflicts with an earlier Third Circuit ruling that found New Jersey could not apply its gambling laws to Kalshi. The split raised the possibility that the Supreme Court could eventually decide whether sports-event contracts are financial instruments under federal jurisdiction or wagers subject to state gambling laws.The court rejected Kalshi\u2019s argument that the contracts should be treated as swaps \u2014 a type of derivative regulated by the Commodity Futures Trading Commission \u2014 simply because they are structured as financial instruments. \u201cThe CFTC is not a national gambling regulator,\u201d Judge Ryan Nelson wrote for the panel. \u201cNo one suggested it was until over a decade after the law was passed.\u201dThe CFTC\u00a0told\u00a0CNBC that it has exclusive authority over prediction markets operating under the Commodity Exchange Act and has previously sued states\u00a0to prevent them from regulating the platforms under state gambling laws.State regulators have pushed back aggressively. Dozens of states have argued that sports-related prediction contracts are effectively sports wagers and should be subject to the same laws and taxes as traditional gambling. \u201cThe substance of the sports event contracts offered on Kalshi\u2019s exchange is sports gambling, regardless of whether Kalshi calls them swaps,\u201d the Ninth Circuit said.The court also pointed to Kalshi\u2019s own marketing, noting that the company had advertised itself as \u201cthe first app for legal sports betting\u201d in all 50 states.The Ninth Circuit\u2019s decision upheld a lower-court ruling in Nevada that allowed state gaming authorities to regulate Kalshi\u2019s sports contracts. \u201cThis is sports betting and needs to be properly regulated by the state,\u201d Nevada Gaming Control Board Chairman Mike Dreitzer wrote in a statement after the decision.Kalshi argued that the ruling did not eliminate federal protections for federally regulated exchanges and said it intends to continue fighting.\u201cThe Ninth Circuit agreed with the Third Circuit on a fundamental point: Federal law prevents states from regulating trading on a federally licensed exchange, like Kalshi,\u201d Kalshi spokeswoman Dani Lever said in an email to CBS News. Lever added that the company believes the CFTC\u2019s regulations permit sports contracts and that it will seek further review.The Ninth Circuit\u2019s ruling immediately reverberated through the gambling industry. According to CNBC, shares of DraftKings and Flutter Entertainment, the parent company of FanDuel, rose following the decision as investors assessed the implications for the increasingly competitive prediction-market sector.\u201cThis is a classic circuit split,\u201d Columbia Law School professor Joshua Mitts told CNBC. \u201cUltimately, this is the kind of legal controversy or legal difference of opinion which will make its way to the Supreme Court.\u201d\" \/>\n<meta property=\"og:url\" content=\"https:\/\/blueroutejournal.com\/?p=2760\" \/>\n<meta property=\"og:site_name\" content=\"Blue Route Journal\" \/>\n<meta property=\"article:published_time\" content=\"2026-08-28T23:37:59+00:00\" \/>\n<meta name=\"author\" content=\"admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"3 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/blueroutejournal.com\\\/?p=2760#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/blueroutejournal.com\\\/?p=2760\"},\"author\":{\"name\":\"admin\",\"@id\":\"https:\\\/\\\/blueroutejournal.com\\\/#\\\/schema\\\/person\\\/19da116f8d79cf8987781569801c6b7c\"},\"headline\":\"Prediction Markets Dealt Major Blow In State Gambling Fight\",\"datePublished\":\"2026-08-28T23:37:59+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/blueroutejournal.com\\\/?p=2760\"},\"wordCount\":557,\"commentCount\":0,\"image\":{\"@id\":\"https:\\\/\\\/blueroutejournal.com\\\/?p=2760#primaryimage\"},\"thumbnailUrl\":\"https:\\\/\\\/blueroutejournal.com\\\/wp-content\\\/uploads\\\/2026\\\/08\\\/3c523007dcc1d628b33491cd5f19fc7c.avif\",\"articleSection\":[\"News\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/blueroutejournal.com\\\/?p=2760#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/blueroutejournal.com\\\/?p=2760\",\"url\":\"https:\\\/\\\/blueroutejournal.com\\\/?p=2760\",\"name\":\"Prediction Markets Dealt Major Blow In State Gambling Fight - 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The court also rejected an appeal from Crypto.com.\u201cThe sports event contracts were not \u2018swaps\u2019 because they were sports bets,\u201d the unanimous three-judge panel wrote.The decision conflicts with an earlier Third Circuit ruling that found New Jersey could not apply its gambling laws to Kalshi. The split raised the possibility that the Supreme Court could eventually decide whether sports-event contracts are financial instruments under federal jurisdiction or wagers subject to state gambling laws.The court rejected Kalshi\u2019s argument that the contracts should be treated as swaps \u2014 a type of derivative regulated by the Commodity Futures Trading Commission \u2014 simply because they are structured as financial instruments. \u201cThe CFTC is not a national gambling regulator,\u201d Judge Ryan Nelson wrote for the panel. \u201cNo one suggested it was until over a decade after the law was passed.\u201dThe CFTC\u00a0told\u00a0CNBC that it has exclusive authority over prediction markets operating under the Commodity Exchange Act and has previously sued states\u00a0to prevent them from regulating the platforms under state gambling laws.State regulators have pushed back aggressively. Dozens of states have argued that sports-related prediction contracts are effectively sports wagers and should be subject to the same laws and taxes as traditional gambling. \u201cThe substance of the sports event contracts offered on Kalshi\u2019s exchange is sports gambling, regardless of whether Kalshi calls them swaps,\u201d the Ninth Circuit said.The court also pointed to Kalshi\u2019s own marketing, noting that the company had advertised itself as \u201cthe first app for legal sports betting\u201d in all 50 states.The Ninth Circuit\u2019s decision upheld a lower-court ruling in Nevada that allowed state gaming authorities to regulate Kalshi\u2019s sports contracts. \u201cThis is sports betting and needs to be properly regulated by the state,\u201d Nevada Gaming Control Board Chairman Mike Dreitzer wrote in a statement after the decision.Kalshi argued that the ruling did not eliminate federal protections for federally regulated exchanges and said it intends to continue fighting.\u201cThe Ninth Circuit agreed with the Third Circuit on a fundamental point: Federal law prevents states from regulating trading on a federally licensed exchange, like Kalshi,\u201d Kalshi spokeswoman Dani Lever said in an email to CBS News. Lever added that the company believes the CFTC\u2019s regulations permit sports contracts and that it will seek further review.The Ninth Circuit\u2019s ruling immediately reverberated through the gambling industry. According to CNBC, shares of DraftKings and Flutter Entertainment, the parent company of FanDuel, rose following the decision as investors assessed the implications for the increasingly competitive prediction-market sector.\u201cThis is a classic circuit split,\u201d Columbia Law School professor Joshua Mitts told CNBC. \u201cUltimately, this is the kind of legal controversy or legal difference of opinion which will make its way to the Supreme Court.\u201d","og_url":"https:\/\/blueroutejournal.com\/?p=2760","og_site_name":"Blue Route Journal","article_published_time":"2026-08-28T23:37:59+00:00","author":"admin","twitter_card":"summary_large_image","twitter_misc":{"Written by":"admin","Est. reading time":"3 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/blueroutejournal.com\/?p=2760#article","isPartOf":{"@id":"https:\/\/blueroutejournal.com\/?p=2760"},"author":{"name":"admin","@id":"https:\/\/blueroutejournal.com\/#\/schema\/person\/19da116f8d79cf8987781569801c6b7c"},"headline":"Prediction Markets Dealt Major Blow In State Gambling Fight","datePublished":"2026-08-28T23:37:59+00:00","mainEntityOfPage":{"@id":"https:\/\/blueroutejournal.com\/?p=2760"},"wordCount":557,"commentCount":0,"image":{"@id":"https:\/\/blueroutejournal.com\/?p=2760#primaryimage"},"thumbnailUrl":"https:\/\/blueroutejournal.com\/wp-content\/uploads\/2026\/08\/3c523007dcc1d628b33491cd5f19fc7c.avif","articleSection":["News"],"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/blueroutejournal.com\/?p=2760#respond"]}]},{"@type":"WebPage","@id":"https:\/\/blueroutejournal.com\/?p=2760","url":"https:\/\/blueroutejournal.com\/?p=2760","name":"Prediction Markets Dealt Major Blow In State Gambling Fight - 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