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Ars Technica

NJ urges SCOTUS to rule that Kalshi sports bets are gambling, not "swaps"

New Jersey yesterday asked the Supreme Court to rule on whether states can regulate sports betting on prediction markets such as Kalshi. “Companies like Kalshi claim to offer legal sports betting in all 50 states, but they refuse to follow the gambling laws of any state," New Jersey Attorney General Jennifer Davenport said in a press release announcing the lawsuit. In April, the US Court of Appeals for the 3rd Circuit ruled that New Jersey cannot regulate sports bets on prediction markets. The court determined that sports-related event contracts meet the legal definition of "swaps," giving the US Commodity Futures Trading Commission (CFTC) exclusive jurisdiction. Read full article Comments

New Jersey yesterday asked the Supreme Court to rule on whether states can regulate sports betting on prediction markets such as Kalshi.

“Companies like Kalshi claim to offer legal sports betting in all 50 states, but they refuse to follow the gambling laws of any state," New Jersey Attorney General Jennifer Davenport said in a press release announcing the lawsuit.

Circuit split raised the odds that SCOTUS will rule on Kalshi fight against states.

New Jersey’s petition to the Supreme Court said, “The issue is one of tremendous practical and legal consequence: Kalshi seeks to federalize the multi-billion-dollar sports betting industry at the expense of every state sports gaming law. And the decision [by the 3rd Circuit] is badly mistaken.”

New Jersey’s petition to the Supreme Court came about a week after the 9th Circuit appeals court ruled that Nevada can stop Kalshi from allowing sports bets. Unlike the 3rd Circuit, the 9th Circuit judges determined that sports betting labeled as swaps is just gambling with a different name .

By Jon Brodkin
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