Dodd and Gensler Urge Supreme Court Prediction Market Review

SportsGrid
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Oct 14, 2026
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Video Summary
AI GeneratedChristopher Dodd and former CFTC chair Gary Gensler have submitted briefs to the Supreme Court supporting New Jersey's case against Kalshi. They argue that the Dodd-Frank Act was never intended to authorize nationwide sports betting or displace state and tribal gaming regulations, challenging the legal interpretation currently used by prediction markets to operate across state lines.
All right, this happened late last week,
but our friends at InGame.com wrote this article
about Christopher Dodd from the Dodd-Frank Act
and the former CFTC chair, Gary Gensler,
both wrote briefs to the Supreme Court
to take up the prediction market case.
Christopher Dodd, that was written by InGame.com,
his name's on the act,
said the amendment in regulation
left no room for interpretation for the Dodd-Frank Act
when it came to whether or not
it was supposed to be dealing
with sports he said quote congress did not set out to authorize
nationwide sports betting through derivative markets
or displace decades of state and tribal
primacy over gaming regulation the former CFTC Gary Gensler
also submitted a brief concurring
with Christopher Dodd saying, quote,
Congress did not transfer jurisdiction over sports betting
from the states to the CFTC when Congress amended
the CEA through Dodd-Frank. It was addressing the
causes of the recent financial crisis,
not undoing federal policy against sports betting
and displacing traditional state and tribal regulation.
Congress did not include sports
contracts within the statutory definition
of a swap this is big okay both briefs sent to the
Supreme Court said that this is in support
of New Jersey's petition to have the Supreme Court hear
its case against Kalshi after the third third circuit
which went against the sixth and the
ninth remember which ruled in favor of the states
this court case ruled in favor of Kalshi the other
three briefs were filed by the NFL the tribes
and the American Gaming Association this is getting
good okay this is getting interesting
this is getting you feel like it's starting to come to
a head when there's this many people
who are involved who are willing to go out publicly
and state this is not what we intended okay
this when we put this into place the loophole that you
guys have found we don't agree that the commodities
and Exchange Act, the CEA, we don't agree that the
interpretation being used by prediction markets
to create sports gambling for companies like
Novig and Polymarket and Kalshi and everybody else,
DraftKings and FanDuel and Fanatics,
everybody else who's operating these prediction markets.
We don't believe this is legal.
And again, I'm just going to say
this because I've been saying this forever.
I really do believe when this goes to the Supreme Court,
that the Supreme Court is going to side
on the side of Dodd-Frank, of Christopher Dodd, of former CFTC chairs
and not the side not the side
of the administration, I, I don't believe that's going
to happen. In particular, it depends upon
what happens in November, but if the House
and Senate both flip, I think the Supreme Court is
going to feel emboldened to do what I think they would
do with a controversial ruling if the Senate
the House are both run by Democrats,
I don't think it will be nearly as controversial,
but you're going to go up against the administration.
You're going to go straight
at Trump Jr. And you're going to go straight at Michael Seelig and say,
Hey, what you guys are
doing was never intended.
And so we're handing this back to the States. If you want to operate
a sports gambling business,
which I do think ultimately Kalshi, Polymarket and Novig, I do
think they all want to operate in the prediction market space
with sports in certain states?
I've said this before. I do not believe that Polymarket
or Kalshi, I don't believe they're
ever going to be gone.
I don't think Novig is going to all of a sudden close up shop and be
like, okay, just because the Supreme Court says you can't
do a 50-state solution. They'll say,
okay, we have to go and it will be very expensive, but they will do it.
They will go apply
for state licenses in particular,
because the number of licenses available right now in
different States is starting to really grow.
You can go to Arizona right now. I could get a license
in Arizona right now that they're looking for people to take licenses.
So you can go into these
states. You can't go to Florida.
You can't go to New Hampshire. Okay. That is a single state,
one state. They're not giving out any other licenses to one state.
DraftKings in New Hampshire,
Hard Rock in Florida, can't go to California, can't go to Texas, okay
so I get it for a company like
Calshi who have built their customer base in Florida, Texas
and California, that's a really
bad thing, but for other companies like Polymarket
and Novig which have business in other states and
haven't decided to go and market into those states
and saying sports gambling is legal
in California and Texas, come over here
with Calshi, like the marketing did for Calshi
I think that's where we see a lot of things going
on and and like I I think there is so much um
I think there is so much going on right now
that people are, it's very much like what team are you
on and I don't think that's a good way
of approaching it, I think that's a problem actually
We'll
be
right
back.
