Kalshi court losses pile up as judges refuse to block state gambling laws
Posted by Analemma_ 1 hour ago
Comments
Comment by JumpCrisscross 55 seconds ago
[1] https://www.ft.com/content/f70147b1-ee77-4d75-8587-707a49ddb...
Comment by bennettnate5 20 minutes ago
Comment by dogmayor 4 minutes ago
The main thing getting Kalshi all the attention from the states is their sports gambling markets. Not sure if polymarket offers those to US.
Comment by ronsor 18 minutes ago
Comment by xvector 1 minute ago
Comment by xenadu02 10 minutes ago
Note that Polymarket's non-US business is crypto blockchain whatever so ... good luck with that. The ability to get your money out could disappear at any time and as far as I know there's no recourse if they just decide to screw you over. Not that CFTC is super effective but it is something.
Comment by JumpCrisscross 4 minutes ago
So is Kalshi. The entire question is how the CFTC made up the authority to regulate gambling out of statute that only ever mentions exempted commodities.
Comment by NoahZuniga 9 minutes ago
Comment by bennettnate5 16 minutes ago
Comment by LordDragonfang 16 minutes ago
Also, more to the point, Polymarket actually does have at least three active lawsuits against it.
edit: looks like this has something to do with it:
> Kalshi has been a CFTC-regulated exchange since 2020. Polymarket exited the US in 2022 after settling charges with the CFTC, and only came back after buying QCEX, a CFTC-licensed exchange, in late 2025.
Comment by wood_spirit 7 minutes ago
Comment by ryandrake 45 minutes ago
Comment by xenadu02 4 minutes ago
Furthermore the institutions that allow you to trade mostly aren't taking positions on the stock price and in theory there are jail-time consequences if they cheat. In practice that isn't always the case but at least there is some limit to what they can do to screw over their customers.
These contract markets have absolutely none of that. If they decide to take up positions to stuff their own pockets you probably wouldn't even know it and it wouldn't be illegal either. They can make up contracts for anything and everything without limit. If they aren't front-running their own customers then they're idiots because that's free money. And they can just lie about the odds as they like so if bets aren't going the way they want just tip the scales.
Oh and they have absolute control over whether any event counts as success or not and how to handle edge cases. There's no one you can appeal to.
Maybe they operate above-board in all aspects. Maybe they don't. No one really knows.
Comment by tombert 16 minutes ago
It doesn't really seem like Kalshi and Polymarket have nearly the same regulation. There are plenty of cases where people are purposefully betting on the market when they can easily manipulate the results, with little/no consequences.
Comment by whatisthiseven 23 minutes ago
Like, at least try to put effort to the comment to show you thought about it beyond the obvious propaganda of gambling companies. What, specifically, is the same? Why arent the differences important?
The apps know who the whales are. They make up 90% of their revenue. Ban them from taking money from whales, and the problem evaporates back to harmless $20 fun.
How to do this? Demand proof of income or assets and rent above $2000 in bets made in one year. Then audit these companies to ensure they are banning problem gamblers. If they are gambling or losing more than 5% of their net worth/income, that is a whale and they need to be play within their limits or get banned.
This is trivial to do, including at casinos. No one wants to do this because those companies have interests and that means their $100B+ scam industry is gone.
Comment by kelipso 1 minute ago
Comment by xmprt 40 minutes ago
Comment by Muromec 26 minutes ago
Easy. Financial instruments are used to tune the resource allocation in capitalism. Gambling however is used to have fun with an idea of getting free money. As such, one is at odds with the religious beliefs based on not having fun for no good reason.
Comment by miltonlost 31 minutes ago
Comment by rolosa 43 minutes ago
Comment by ericyd 31 minutes ago
Comment by twosdai 25 minutes ago
With stocks if I try to do insider trading I run the risk of Jail time. Or if I try to do a Pump and Dump scheme, I go to jail. If I am an person and I "place a bet on polymarket/kalshi" and then go and influence that outcome. It may not be illegal. Since these markets commodify literally any event, its impossible to control the items themselves. So the markets need to be controlled.
Comment by kube-system 28 minutes ago
Comment by whattheheckheck 9 minutes ago
Comment by kube-system 8 minutes ago
You could buy a stock expecting asset appreciation, but the stock itself is a certificate of ownership in a business. Even a derivative of this, like options trading, is a contract to buy or sell or deliver said certificate of ownership in a business. Ultimately it is backed by something of tangible value.
"Predictions markets" are all of the mechanics of trading, but without any underlying value. It is literally gambling wearing Groucho glasses. The bet is simply for the sake of the bet.
Comment by viccis 27 minutes ago
Comment by acdevlin42 23 minutes ago
Comment by nazgulsenpai 58 minutes ago
Comment by bgun 45 minutes ago
Comment by KerrAvon 32 minutes ago
Comment by gazpachotron 37 minutes ago
Comment by cestith 1 hour ago
Comment by yieldcrv 57 minutes ago
SEC is down for whatever right now too by the way
Comment by Analemma_ 53 minutes ago
In ordinary times when the CFTC is just regulating things like pork belly futures, sure. But crypto and sports gambling are extremely politicized and red-coded now; Kalshi shouldn't expect the same sleepy regulation for them as for ordinary commodities.
Honestly I don't see their endgame. Even if they win these cases in court and fall under CFTC jurisdiction, that only matters if they have friendlies in the White House and the next administration will have knives out for them.
Comment by joshheitzman 40 minutes ago
https://www.cmegroup.com/markets/cryptocurrencies/bitcoin/bi...
https://www.fxcm.com/markets/insights/bitcoin-futures-produc...
Comment by yieldcrv 42 minutes ago
nobody in business cares that the people are married to “due process” to respect the edicts, versus some other governance structure. just delay and adapt is the whole game. the corporation is a conduit to flow revenue to board, executives and functionally shareholders (but dividends are now uncommon). The corporation can become a husk if it fails to adapt and that wont be the current people’s problem if they have extracted substantial wealth out before then
Comment by DivingForGold 1 hour ago
Comment by JumpCrisscross 6 minutes ago
Comment by ares623 1 hour ago
Comment by hnav 45 minutes ago
Comment by paxy 45 minutes ago
Comment by nojito 5 minutes ago
You’d be hard pressed to argue that states should be individually able to control futures trading
Comment by JumpCrisscross 2 minutes ago
Comment by 15155 36 minutes ago
Comment by kube-system 42 minutes ago
But factually, SCOTUS does have authority over the application of the supremacy clause. At some point they will send federal agents in and enforce it themselves.
Comment by VanTheBrand 42 minutes ago
Comment by greeneggs 36 minutes ago
Comment by mcmcmc 47 minutes ago
Comment by not_a_bot_4sho 21 minutes ago
Comment by yieldcrv 53 minutes ago
I think Nevada’s and Arkansas was also mentioned - I guess Arkansas is in the fifth circuit - those are more comprehensive and broad than New Jersey’s in the third circuit
Ultimately I expect Kalshi will have the swaps treatment reaffirmed, and the supremacy clause will override most of the state laws
But for Nevada and Arkansas residents it will be unworkable, and they will just block some forms of bets for residents in those states
Comment by kube-system 45 minutes ago
Comment by yieldcrv 38 minutes ago
otherwise Democrats are still without power to unilaterally pass laws
have their been any proposals to deal with this? bills that didnt make it out of committee?
something as simple as adding some contracts to the ban in the onion futures act I think is a mistake
Comment by kube-system 31 minutes ago
Comment by redanddead 59 minutes ago