---
type: source
title: "Ninth Circuit Questions Legality of Sports Event Contracts Under Federal Law"
author: "casino.org"
url: https://www.casino.org/news/ninth-circuit-questions-legality-of-sports-event-contracts-under-federal-law/
date: 2026-04-20
domain: internet-finance
secondary_domains: []
format: article
status: unprocessed
priority: high
tags: [prediction-markets, 9th-circuit, rule-40-11, kalshi, nevada, federal-preemption, regulatory, CFTC]
---

## Content

The Ninth Circuit Court of Appeals held oral arguments on April 16, 2026 in the consolidated prediction market appeal (KalshiEX, LLC v. Assad, et al., Nos. 25-7516, 25-7187, 25-7831). Key findings from this article:

**Judge Nelson's exact quotes on Rule 40.11:**
- "40.11 says any regulated entity 'shall not list for trading' gaming contracts. It prohibits it from going on. The only way to get around it is if you get permission first."
- When CFTC attorney Jordan Minot argued the agency doesn't define sports contracts as "involving gaming," Nelson replied: "You go to a casino to make sports bets."

**The Rule 40.11 paradox (confirmed in this article):**
CFR Rule 40.11 prohibits DCMs from listing gaming contracts unless the CFTC grants an exception. Since prediction markets claim CFTC registration as DCMs as the basis for federal preemption over state gaming laws, Nelson's argument is that the very same CFTC framework that authorizes them also forbids their core product — which eliminates the preemption shield they rely on.

**Panel composition:** Nelson, Bade, Lee (all Trump first-term appointees). Despite being the "friendly" circuit for a Trump-aligned industry, the panel showed marked skepticism across all three judges.

**Timeline signal:** The article (published April 20) described the ruling as expected "in the coming days" — suggesting imminent resolution, not the 60-120 day typical window.

**As of April 21:** No merits ruling has been issued. Multiple states have filed to delay their own cases pending this ruling (e.g., Arizona), confirming its dispositive significance.

**Background on Rule 40.11 distinction:** This article clarifies the two separate 9th Circuit rulings:
1. February 18, 2026: Administrative stay ruling (denied Kalshi's motion, affirmed TRO requiring Nevada operations halt) — NOT the merits ruling
2. April 16, 2026 oral arguments: The full merits appeal on federal preemption — STILL PENDING

**Nevada's position:** Nevada characterized sports event contracts as functionally identical to sports books. The state's attorney focused on the consumer protection and tax revenue arguments.

## Agent Notes

**Why this matters:** The Rule 40.11 paradox was identified in Session 21 as the sharpest structural challenge to Belief #6 (regulatory defensibility through mechanism design). This article confirms the paradox was the centerpiece of oral argument and provides Nelson's exact language. The "in the coming days" framing suggests the ruling could drop any day — and its expected content (favorable to Nevada) would materially weaken Belief #6 for the Kalshi/DCM pathway.

**What surprised me:** The casino.org article (April 20) says ruling expected "in coming days" — this is a faster timeline than the 60-120 day window I flagged in Session 21. If accurate, the ruling could drop within the week of April 21.

**What I expected but didn't find:** Any indication that the panel might be more sympathetic than oral argument posture suggested. Not found. The article confirms clear Nevada lean.

**KB connections:**
- [[futarchy is manipulation-resistant because attack attempts create profitable opportunities for arbitrageurs]] — not directly affected (this is about DCM prediction markets, not on-chain futarchy)
- [[Living Capital vehicles likely fail the Howey test for securities classification]] — indirectly: a 9th Circuit ruling that DCM authorization doesn't protect gaming contracts would NOT affect the Howey test argument for Living Capital (different legal theory)
- The existing claim about SCOTUS cert likelihood gets STRENGTHENED by this article: if 9th Circuit rules for Nevada, circuit split with 3rd Circuit is confirmed, making SCOTUS path near-certain

**Extraction hints:**
- CLAIM CANDIDATE from Session 21 (not yet filed): "CFTC Rule 40.11's 'shall not list' gaming contracts language creates a federal preemption paradox: if prediction markets are gaming contracts, CFTC's own rules prohibit rather than authorize them on DCMs, eliminating the preemption shield they require"
- This article provides the evidentiary basis for that claim (Nelson's exact language)
- Note: Wait for actual ruling before filing this claim — the ruling may resolve whether Nelson's reading is legally correct

**Context:** This article represents an important scope distinction the KB must maintain: the 9th Circuit/Kalshi battle is about centralized DCM prediction markets. MetaDAO's on-chain futarchy operates outside the DCM framework entirely — it is NOT a CFTC-registered DCM and thus is NOT directly affected by this ruling. The KB should ensure claims about this litigation are properly scoped to "DCM-registered centralized prediction markets."

## Curator Notes (structured handoff for extractor)
PRIMARY CONNECTION: [[prediction-market-scotus-cert-likely-by-early-2027-because-three-circuit-litigation-pattern-creates-formal-split-by-summer-2026-and-34-state-amicus-participation-signals-federalism-stakes-justify-review]]
WHY ARCHIVED: Provides Nelson's exact Rule 40.11 language — the evidentiary basis for the Rule 40.11 paradox claim candidate from Session 21; also updates SCOTUS timeline (circuit split imminent)
EXTRACTION HINT: Hold Rule 40.11 claim until ruling drops (may be days away). Priority: update the SCOTUS cert timeline claim with this source once ruling is confirmed.
