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“Both the Third Circuit and the District of New Jersey side with Kalshi, because the CFTC’s exclusive jurisdiction prompt state law,” Lever said, adding that “nothing in New Jersey’s filing” changes that view.
Each Supreme Court term begins on the first Monday in October and runs through late June or early July. The court typically receives about 7,000-8,000 writ petitions and grants about 80, or 1%, each term. Four of the nine sitting justices must vote to accept a case. Five current justices – Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Elena Kagan, Neil Gorsuch and Sonia Sotomayor – were on the bench in 2018 for the PASPA case.
There are no SCOTUS-prediction market contracts currently on Kalshi but Polymarket lists a 41% probability that the court will accept an event contract case by 31 December.
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Some exchange operators already filed plans to introduce KPI-linked event contracts. Those derivatives would be tied to metrics such as corporate earnings or, in more nuanced cases, Apple iPhone shipments or Tesla deliveries — just two examples — in a given quarter.
While sports event contracts remain the headline-grabbers for prediction market operators, there’s evidence that other categories are experiencing growth. As Bernstein points out, cryptocurrency event contracts account for at least 20% of the turnover on the two largest prediction markets.
In another encouraging non-sports sign, one of those operators notched just $2 million in commodities volume last year, but that figure surpassed $410 million in August alone and is approaching $600 million on a year-to-date basis.
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The ongoing battle between states’ rights advocates and those who support federal regulations in sports trading is not black and white. Carton indicated in his monologue that engaging in the trading of sports-event contracts amounts to unregulated gambling. Designated Contracts Markets, better known as prediction markets, are regulated on the federal level by the US Commodity Futures Trading Commission.
On Wednesday, a CFTC deputy general counsel posted an ad on LinkedIn for a senior position with the commission. It appears that the attorney is seeking assistance in crafting formal rules for event contracts, a set of regulations he described as the “most impactful” the commission has written “in decades”.
The Polymarket ad campaign debuted less than 48 hours before Wednesday’s NFL regular-season opener. The matchup is a rematch of last season’s Super Bowl as the Seattle Seahawks host the AFC Champion New England Patriots.
