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As with PASPA, this matter revolves heavily around federalism versus states’ rights. Traditional sports betting is governed by individual state regulators with varying laws and regulations. Federal derivatives are regulated by the CFTC, which has fully embraced prediction markets under US President Donald Trump after rejecting them in previous administrations.

The web of lawsuits and court rulings involving prediction markets has greatly complicated the issue of jurisdiction. Kalshi has been forced to limit trading in multiple states, most notably Nevada, and the CFTC has gone to unprecedented lengths to protect its licencees. This includes suing nine states directly and issuing emergency orders to reject state mandates.

CFTC Chairman Michael Selig is currently the lone sitting commissioner for an agency that traditionally features a bipartisan group of five. Selig has repeatedly defended both the legitimacy of prediction markets as financial assets and the role of the CFTC in overseeing them. The CFTC under his direction has embarked on a series of rule proposals regarding prediction markets, although detractors argue that the proposed changes still allow for sports contracts and in some ways could be seen as a tightening of the belt to make a Supreme Court review look more favourable.

About XIYANGYANG

He described online gambling and betting as a “social scourge“. Some people, he said, “after repeated losses and financial difficulties, have been driven to despair, sometimes to the point of contemplating suicide”.

The committee considered the bill once, on 3 February, and has since taken no further action.

Meanwhile the government has been approaching the issue via a new bill. Sports minister Sadok Mourali said in November 2024 that a gambling and sports betting bill had been circulated for consultation. Twenty-six public institutions received that consultation, including the central bank, Competition Council and financial intelligence authority.

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