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The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.
There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.
“We’re calling on the Supreme Court to resolve this issue and recognise that Congress did not silently make the sports-betting industry immune from state law,” Davenport said in a statement.
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As of 3 pm ET, the Rams had odds of 64% on Kalshi to upend the Niners in Melbourne. For a trader who risks $100, a Rams’ win would return $150.15. The Rams, which added Pro Bowl defenders Myles Garrett and Trent McDuffie in the offseason, are considerable favourites to capture Super Bowl LXI in February.
With odds of 17% on Kalshi’s futures market, the Rams are the only NFL team to open the season with double-digit odds. The probability translates to +488 in American odds, a figure that is regarded as comparatively low for a Super Bowl favourite. But history is not on the Rams’ side – all of the last 25 NFL teams to open a season with futures odds of +500 or lower have failed to win the Super Bowl, according to Yahoo Sports.
In May, the NFL sent a letter to the US Commodity Futures Trading Commission with a list of certain event contracts it deemed objectionable. By July, the league doubled down with public comments to the CFTC after the agency issued draft regulations for the contracts. The NFL cited props on player injuries, penalty totals and missed field goals as those that fit the bill. Goodell, however, conceded that the NFL has held discussions regarding prediction markets as public policy evolves.
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“Prediction markets represent a meaningful second channel for NFL wagering but still small on a relative scale, reflecting a new sector with less of an installed base,” observes EKG.
It’s widely believed that all-or-nothing exchanges are carving out significant niches in states, such as California and Texas, where sports betting is prohibited, but there’s also emerging consensus that the prediction market threat to sportsbooks is easing.
A major advantage for traditional sportsbook operators is their ability to aggressively fund customer acquisition and retention bonuses. As EKG points out, prediction markets have “less ability to be generous with bonuses” because users trade against one another rather than against the house.
