Source: Reason Magazine
Published by source: Oct 8, 2026, 09:45 PM UTC
The NFL has filed an amicus brief supporting New Jersey's Supreme Court petition against Kalshi, urging clarification on whether the Commodity Futures Trading Commission (CFTC) has exclusive jurisdiction over sports wagering on prediction markets. The NFL argues that state-level regulation is preferable due to concerns about consumer harm, game integrity, and insufficient CFTC oversight.
On Thursday, the NFL submitted an amicus brief backing New Jersey's cert petition in its case against prediction market platform Kalshi, asking the Supreme Court to clarify the regulatory authority over sports wagering on prediction markets. The NFL expressed concerns about consumer harm and risks to game integrity, criticizing the CFTC and platforms like Kalshi for not adopting sufficient safeguards, such as prohibiting certain wagers and enforcing a minimum age of 21. The NFL also highlighted the CFTC's limited staffing compared to state gambling regulators. While Major League Baseball and the NHL have partnered with the CFTC to monitor prediction markets, the NFL has instead partnered with traditional sports betting companies. Recent federal court decisions, including those from the 6th and 9th Circuits, have found that Kalshi's sports-event contracts do not fall under the CFTC's exclusive jurisdiction, leaving regulatory authority uncertain and prompting ongoing legal disputes in multiple states. The Supreme Court is not expected to decide whether to take the case until at least December.