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The announcement came on the same week that Indian Gaming Association leaders met with CFTC Chair Michael Selig. The meetings centred on prediction market-related discussions that IGA Chair David Bean deemed mostly unproductive. On Wednesday, the US Court of Appeals for the Ninth Circuit reversed a lower court’s decision in Blue Lake Rancheria vs Kalshi.
Per the ruling, the Ninth Circuit determined that Kalshi’s sports event contracts amount to unauthorised gaming under the Indian Gaming Regulatory Act (IGRA) when accessed on tribal land.
“Today’s decision reinforces a fundamental principle: when sports wagering occurs on Indian lands, federal Indian gaming law matters,” said Bean on Wednesday.
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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.
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A systemic policy cooperation mechanism is expected, targeting youth gambling prevention and student safeguarding. Rather than implementing short-term campaigns, the focus will be on embedding gambling prevention into everyday school routines.
It will include combining restrictions on smartphone use with engaging RAS activities to effectively block and fill the time students might otherwise spend being exposed to gambling content.
At the signing ceremony, Gyeonggi education chief An Min-seok emphasised the immediacy of the issue: “To effectively respond to youth gambling problems, close cooperation between the Office of Education, which best understands the school environment, and specialised prevention and treatment institutions is necessary.