Svmuu Former SEC Chair and former CFTC Chair Gary Gensler, in an amicus brief filed with the U.S. Court of Appeals for the Sixth Circuit, stated that the Dodd-Frank Act does not grant the CFTC the authority to regulate sports betting.
This position directly contradicts the claims of current CFTC Chair Michael Selig and prediction market platform Kalshi, who argue that contracts related to sports events fall under federal regulatory scope rather than state gambling oversight.
Gensler pointed out that if the Dodd-Frank Act truly preempted state authority over sports betting, it would have been major news at the time, yet no one understood it that way. He served as CFTC Chair from 2009 to 2014 and was responsible for implementing rules under the Dodd-Frank Act.
The amicus brief pertains to litigation between Kalshi and the state of Ohio. The Ohio gambling regulator had demanded Kalshi cease offering sports-related event contracts to state residents, leading Kalshi to sue the state. However, a request for a preliminary injunction was denied by the court. The CFTC supports Kalshi, arguing that Ohio has overstepped its authority.
Over the past year, the CFTC has continuously sought to expand its regulatory reach over prediction markets, having sued several states to establish its jurisdiction. This week, the agency also proposed broader rules for prediction markets, generally supporting sports-related contracts while aiming to impose stricter restrictions on betting concerning events such as terrorist attacks, assassinations, and wars.