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Levi Ramsey's avatar

I think there's a way for SCOTUS to preserve state-regulated sportsbooks and CFTC-regulated exchanges. Textually, there isn't: if event contracts can be regulated by CFTC then everything has to be CFTC-regulated and the same argument applies to horses, state lotteries, and table games (slots, video poker, and maybe Keno might be the only exceptions), none of which are close to CFTC compliance.

However, given that this was never brought up in arguing over PASPA ("It doesn't matter, no state, including Nevada, can legalize or regulate, only the CFTC"), there's a reasonably strong case under Major Questions that Congress didn't intend to outlaw state-regulated event contracts. It seems likely to me that we end up with a regime where event contracts can be either CFTC or state regulated.

The real wildcard is then whether the fact that the Wire Act still exists is considered. What constitutes betting information is ambiguous in places, but the order book and matched trades on Kalshi seem rather less so. This could lead to something where, for sports only, exchanges have to list sports contracts only tradeable in one state (they can have a Lakers contract for NJ traders and one for PA traders, but can't link the order books) and the books have to use per-state market making.

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