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The US Commodity Futures Trading Commission is suing Illinois, Arizona and Connecticut for attempting to outlaw or regulate prediction markets like Kalshi and Polymarket. The CFTC believes it has sole jurisdiction to regulate these platforms, and that states attempting to classify them as illegal gambling are overstepping their authority.
CFTC defines prediction markets as "designated contract markets" where futures contracts are traded, essentially letting people bet on the outcome of events (for example, who will be the Democratic nominee for president in 2028). And because futures contracts are financial instruments distinct from traditional bets, they arguably fall under the supervision of the CFTC rather than the sports gambling authorities of individual states.
Multiple states, including the three the CFTC is suing, have challenged that interpretation of what prediction markets are and how they operate. Nevada sued Kalshi in February for operating a sports gambling market without proper licenses, a lawsuit made possible because a federal appeals court declined to prevent Nevada from pursuing its case. Arizona's attorney general filed a lawsuit against Kalshi in March along similar illegal sports gambling lines, and because the platform let people bet on Arizona elections, which violates state law. Both
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