White House vets CFTC bid to redefine event contracts as swaps
The CFTC wants event contracts redefined as swaps while carving out casino-style gambling products.
The hit
The CFTC has filed proposals with the White House to redefine event contracts as swaps & to carve out casino-style gambling products, according to The Block. The move deepens a jurisdiction fight with states, which has already prompted New Jersey’s attorney general to ask the Supreme Court to settle the issue.
Why it matters
States say platforms operate illegally in their locales, violate gambling laws, criticise age limits & avoid paying taxes, according to The Block. Multiple states have brought lawsuits against certain platforms; the CFTC has countersued to block state oversight. Gaming & sports betting lawyer Daniel Wallach said the casino-exclusion rule would take effect immediately, skipping the usual notice & comment, which could leave it open to challenge under the Administrative Procedure Act.
The record
| CFTC filings | Two proposals sent to the White House’s OIRA office |
|---|---|
| Kalshi appeal | Lost last week; Ohio & Tennessee can enforce sports gambling laws (federal appeals court) |
| Supreme Court ask | New Jersey attorney general Jennifer Davenport requested review earlier this month |
| Rule status | Casino-exclusion rule at ‘interim final rule’ stage (OIRA) |
| Market scale | Kalshi & Polymarket each valued at tens of billions of dollars |
What happens next
Watch for the Supreme Court’s decision on whether to hear New Jersey’s jurisdiction challenge.
Sources: White House weighs new CFTC event contract rules in growing prediction market power struggle
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