The NFL, American Gaming Association and a coalition of 145 tribal governments have called on the US Supreme Court to review the Kalshi case. At issue is whether the federal derivatives regulator CFTC can authorize sports betting through prediction markets, bypassing state and tribal jurisdictions.
In an amicus brief filed 8 October, the NFL argued that the CFTC's staff is comparable to individual state gaming regulators but with vastly broader responsibility. The league cited vulnerabilities: a minimum trading age of 18 versus 21 in legal sportsbook states, and the risk of manipulation through contracts on injuries and officiating. The CFTC and operators ignored NFL requests to implement safeguards mandatory for licensed bookmakers. The AGA said prediction markets circumvent state taxes and player-protection requirements. The tribal coalition maintains that sports contracts threaten sovereignty, exclusive gaming rights and revenue that funds tribal programmes.
Florida's Seminole Tribe on Thursday sued DraftKings, CEO Jason Robins and DraftKings Predictions. The claim: the Pick6 product and sports contracts operate as an unlicensed sportsbook, violating the 2021 compact that grants the tribe exclusive betting rights in the state. 'Visually, functionally and in user experience, a bet placed through DraftKings Predictions is indistinguishable from a wager in a legal app,' the suit states. The tribe is seeking injunctive relief, return of profits and legal costs.
Thirty-nine states, the District of Columbia and several legislative and anti-gaming groups have joined calls to review the case. Kalshi's response is due 9 November.
