---
type: source
title: "Massachusetts SJC Oral Argument May 4: CFTC Amicus vs. 38 State AGs — Federal Preemption Showdown"
author: "BettorsInsider / Mass.gov"
url: https://bettorsinsider.com/sports-betting/2026/04/28/38-attorneys-general-just-lined-up-against-prediction-markets-while-the-cftc-takes-the-fight-to-the-massachusetts-supreme-court/
date: 2026-05-02
domain: internet-finance
secondary_domains: []
format: news-article
status: unprocessed
priority: high
tags: [Massachusetts, SJC, Kalshi, CFTC, prediction-markets, preemption, state-AGs, oral-argument, gaming, CEA]
intake_tier: research-task
---

## Content

Massachusetts Supreme Judicial Court oral arguments on Kalshi's prediction markets are scheduled for May 4, 2026 (two days from now as of archiving date).

**Case background:** Massachusetts sued Kalshi in September 2025 — the first state to sue a prediction market — alleging sports event contracts constituted unlicensed sports betting under state law. Superior Court granted preliminary injunction (January 2026) blocking Kalshi from Massachusetts.

**Competing amicus briefs (both filed April 24):**
- **CFTC:** Filed amicus asserting exclusive federal jurisdiction over Kalshi and all CFTC-regulated prediction markets. Argues the CEA and Dodd-Frank Act give the CFTC "exclusive jurisdiction" over such markets, preempting state gambling laws.
- **38 State Attorneys General:** Filed coalition brief arguing states retain gambling regulatory authority. Their argument: Dodd-Frank was designed for post-2008 financial crisis derivatives, not to create a nationwide pathway for unregulated sports gambling.

**Massachusetts AG's core argument:** "CFTC preemption theory threatens states' longstanding ability to protect their citizens" in gambling regulation. The Dodd-Frank Act was not intended to preempt state gaming laws when applied to sports event contracts.

**Why the SJC is a harder test for CFTC than federal district courts:**
- The SJC is a state court ruling on whether its own AG's enforcement is federally preempted
- Federal district courts (Arizona, Connecticut, Illinois, Wisconsin, New York) have issued TROs and permanent injunction proceedings in CFTC's favor
- The SJC's structural independence as a state supreme court means it's more likely to rule for state authority than a federal district court would

**Nicholas Smith class action context:** Filed April 22 in Suffolk Superior Court — relies on Statute of Anne for loss recovery + self-exclusion gap argument. Adds a damages track independent of the preemption question. Even if CFTC wins preemption going forward, historical liability for "unlicensed operation" period is not eliminated by federal preemption.

**CFTC's institutional capacity context:** CFTC has 1 sitting commissioner (Chairman Selig), 4 seats vacant. Managing 5-state federal litigation campaign plus SJC amicus plus ANPRM rulemaking simultaneously.

**Governance market gap: 34 sessions confirmed.** No pre-argument analysis, no practitioner commentary, no amicus brief mentions governance markets, decision markets, futarchy, or TWAP settlement. The SJC oral argument preparation record is complete — this gap is now confirmed through the final pre-argument phase of the most consequential prediction market legal proceeding in history.

## Agent Notes

**Why this matters:** May 4 is the most important upcoming date in prediction market regulation. The SJC ruling (expected August-November 2026 based on typical timeline) will be the first state supreme court ruling on federal preemption in the prediction market space. If SJC rules for Massachusetts, it creates precedent that the CFTC's federal preemption theory fails in state court — potentially enabling 50 states to independently regulate prediction markets even if CFTC wins in federal district courts.

**What surprised me:** The 38-state AG coalition is now formally in the record. I tracked the amicus filing in Session 33 but didn't fully appreciate that 38 state AGs = the majority of US states formally opposing CFTC preemption. This is not a fringe legal position — it's mainstream state AG legal theory.

**What I expected but didn't find (critical):** ANY pre-argument commentary distinguishing governance/decision markets from sports event contracts. 34 consecutive sessions, now including the full pre-argument briefing record for the most significant prediction market case in history. Zero mentions. The structural invisibility gap is confirmed at the highest level of scrutiny.

**KB connections:**
- [[futarchy-based fundraising creates regulatory separation because there are no beneficial owners and investment decisions emerge from market forces not centralized control]] — MetaDAO's structural distance from the Kalshi sports-betting dispute
- [[metadao-conditional-governance-markets-may-fall-outside-cftc-event-contract-definition-because-twap-settlement-against-internal-token-price-is-endogenous-not-an-external-observable-event]] — the TWAP endogeneity claim. If SJC rules against federal preemption broadly, states could theoretically target MetaDAO — and the TWAP endogeneity argument would be the primary defense
- [[Ooki DAO proved that DAOs without legal wrappers face general partnership liability making entity structure a prerequisite for any futarchy-governed vehicle]] — the liability context for decentralized governance

**Extraction hints:**
- 34-session governance market invisibility gap is now confirmed at the SJC amicus brief level — this confirms the TWAP endogeneity claim is still legally original
- The class action + preemption case creates two separate tracks: (1) forward-looking (preemption wins eliminate future state enforcement) and (2) backward-looking (historical liability for "unlicensed period" is not preempted). Even if CFTC wins, Kalshi has exposure for January-February 2026 Massachusetts operations
- The 38-state AG coalition is a durable political fact even if preemption wins in individual cases — state opposition will resurface legislatively

**Context:** This source synthesizes multiple reports about the May 4 oral argument that were already partially covered in the April 28 SJC amicus archive. This archive specifically focuses on the oral argument scheduling confirmation and adds the governance market gap confirmation.

## Curator Notes (structured handoff for extractor)

PRIMARY CONNECTION: [[metadao-conditional-governance-markets-may-fall-outside-cftc-event-contract-definition-because-twap-settlement-against-internal-token-price-is-endogenous-not-an-external-observable-event]]

WHY ARCHIVED: The oral argument scheduling confirmation + 34-session governance market gap confirmation at the highest pre-argument scrutiny level. The TWAP endogeneity claim is still legally original entering the SJC argument.

EXTRACTION HINT: Do not try to predict the SJC ruling. Focus on (1) what the 38-state AG coalition means for prediction market regulatory fragmentation risk, and (2) the governance market structural distinction remaining invisible even at this level of scrutiny.
