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The Commodity Futures Trading Commission (CFTC) agrees, continuing to defend its claimed “exclusive jurisdiction” over sports prediction markets in federal and state courts across the nation.
The legal wrangling extends to Michigan, where Attorney General Dana Nessel has rejected Polymarket and the CFTC’s arguments that the Michigan Gaming Control Board has no regulatory authority over prediction markets, even the ones allowing traders to buy and sell shares of sports outcomes.
Since returning its prediction market to the US, Polymarket has regularly engaged in nonconforming advertising. Painting a water tower in the company’s blue and branding the structure with its logo is the firm’s latest marketing ploy.
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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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With all that in mind, it’s not surprising that Macquarie expects sports event contracts will drive approximately 80% of taker volume this year, but Beynon sees other categories growing over the long term.
“We expect non-sports categories such as economics, politics, crypto, and entertainment to gain share over time,” says the analyst.
Prediction market operators are on legal losing streaks, confirming that Beynon is onto something when he says the regulatory environment is the biggest risk facing the industry.
