CFTC proposals deepen Supreme Court fight over prediction-market jurisdiction

  • The CFTC issued measures defining event contracts and excluding casino-style products from the swap definition.
  • Thirty-nine states, the District of Columbia and 145 tribal nations filed briefs urging Supreme Court review.
  • Appellate rulings conflict over whether sports prediction contracts are state-regulated gambling or CFTC-supervised swaps.

The Commodity Futures Trading Commission (CFTC) has issued two measures addressing whether event contracts linked to sports, politics, culture and weather qualify as swaps, while excluding sportsbook wagers and casino games from that definition. One measure is now in effect, while the other remains subject to a 30-day comment period. The action comes as former Senator Chris Dodd, former Commodity Futures Trading Commission and Securities and Exchange Commission Chair Gary Gensler, the National Football League, 39 states and the District of Columbia, 145 tribal nations and other parties urge the U.S. Supreme Court to review conflicting appellate rulings over sports-based prediction markets. Two appellate courts have treated sports prediction products as gambling subject to state regulation, while the Third Circuit ruled 2-1 that the CFTC has jurisdiction over them.

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