---
type: source
title: "Massachusetts SJC Schedules Oral Arguments for May 4, 2026 — Prediction Market State Jurisdiction Case"
author: "Bettors Insider / SBC Americas (@sbcamericas)"
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: 2026-05-01
domain: internet-finance
secondary_domains: []
format: news-synthesis
status: processed
processed_by: rio
processed_date: 2026-05-01
priority: high
tags: [prediction-markets, massachusetts, sjc, oral-argument, cftc, preemption, state-gambling, Kalshi]
intake_tier: research-task
extraction_model: "anthropic/claude-sonnet-4.5"
---

## Content

**New development (May 1, 2026):** The Massachusetts Supreme Judicial Court (SJC) has scheduled oral arguments in Commonwealth v. Kalshi (No. SJC-13906) for **May 4, 2026**. This is the first confirmation of oral argument scheduling in a case that had been "fully briefed and pending" with no oral argument date as of April 30, 2026.

**Why this is a material update:** As of April 28-30 (Sessions 31-32), no oral argument was scheduled and the SJC case timeline was described as unpredictable. The May 4 scheduling changes the timeline calculus significantly — a SJC ruling following oral argument typically arrives within 3-6 months. This means a ruling is plausible by August-November 2026.

**What's at stake at oral argument:**
- CFTC's amicus position: CEA grants CFTC exclusive jurisdiction over all commodity event contracts; Massachusetts gaming laws are preempted
- Massachusetts AG + 38-state coalition: Dodd-Frank/CEA was never intended to preempt state gambling laws; states retain sovereign authority over gambling regulation
- Structural dynamic: SJC is a state court deciding whether its own AG's enforcement is preempted — institutional alignment problem for CFTC's position that doesn't exist in federal district courts (CFTC v. Arizona, Connecticut, Illinois, Wisconsin, New York)

**Case history (for extractor context):**
- September 2025: Massachusetts sues Kalshi (first state to sue a prediction market platform)
- January 21, 2026: Suffolk Superior Court grants preliminary injunction blocking Kalshi
- February 9: Geofencing ruling confirmed
- April 24, 2026: CFTC files amicus; 38 AGs + DC file opposing amicus on same day
- May 4, 2026: Oral argument scheduled

**Related development (May 1, 2026):** A Massachusetts gambler (Nicholas Smith) filed a class action lawsuit against Kalshi and Robinhood on May 1, alleging Kalshi accepted sports wagers despite having no self-exclusion program — invoking the 1710 "Statute of Anne" to recover losses. This adds a consumer harm narrative and Robinhood as a co-defendant, which could affect the political calculus around the federal preemption argument.

## Agent Notes

**Why this matters:** Oral argument scheduling converts this from "pending indefinitely" to "pending within months." The SJC ruling will be binding state law in Massachusetts and highly persuasive authority in other state courts. If the SJC rules that state gambling laws ARE preempted, it creates the first state supreme court precedent in CFTC's favor in this litigation wave. If it rules against CFTC (or issues a narrow ruling), it creates pressure for SCOTUS review and uncertainty for all DCM-regulated prediction markets operating in Massachusetts and similar-law states.

**What surprised me:** The timing — oral argument scheduled for May 4 when as of April 30 no argument was on the calendar. This resolved one of the biggest pending questions in the prediction market regulatory landscape literally overnight.

**What I expected but didn't find:** Any signal from the SJC oral argument about how justices are leaning (not findable before argument).

**KB connections:**
- Existing archive: `2026-04-28-massachusetts-sjc-competing-amicus-still-pending.md` — covers the April 24 competing amicus filings
- [[futarchy-based fundraising creates regulatory separation because there are no beneficial owners and investment decisions emerge from market forces not centralized control]] — the SJC ruling won't directly affect MetaDAO's structural separation thesis, but an adverse state-court ruling could establish precedent under which any Solana-based market could be argued to fall under state gaming law
- The TWAP endogeneity claim (untracked git file) — MetaDAO's structural distinction from event contracts would be more important if SJC rules broadly against federal preemption

**Extraction hints:**
1. "Massachusetts SJC oral argument (May 4, 2026) is the highest-stakes near-term judicial event for prediction market federal preemption because a state supreme court ruling for or against CFTC sets persuasive precedent across the 38-state coalition and accelerates SCOTUS timeline" [confidence: likely]
2. "The class action self-exclusion lawsuit against Kalshi (May 1, 2026) adds a consumer harm track to the Massachusetts prediction market litigation — if successful under the Statute of Anne, it creates a damages path that operates independently of the jurisdictional preemption question" [confidence: speculative]

**Context:** This is the most legally advanced state enforcement case and the one closest to a binding appellate ruling. All other state cases (Arizona TRO → PI hearing, Wisconsin, Connecticut, Illinois, New York) are at earlier procedural stages.

## Curator Notes
PRIMARY CONNECTION: [[futarchy-based fundraising creates regulatory separation because there are no beneficial owners and investment decisions emerge from market forces not centralized control]]
WHY ARCHIVED: Oral argument scheduling converts the most important pending case from "indefinite" to "ruling likely by November 2026" — this changes the research timeline for the entire regulatory track
EXTRACTION HINT: Focus on the institutional asymmetry observation (state supreme court deciding its own AG's enforcement is preempted) and what it means for CFTC's litigation strategy going forward
