---
type: claim
domain: internet-finance
description: The 38 AGs argue the CEA's exclusive jurisdiction clause 'does not even mention gambling at all' and that Dodd-Frank targeted 2008 financial crisis instruments, not sports gambling
confidence: experimental
source: 38-state AG amicus brief, Massachusetts SJC, April 24, 2026
created: 2026-04-27
title: The Dodd-Frank textual argument (exclusive jurisdiction clause predates gambling-adjacent prediction markets) is the strongest legal theory for state resistance because it attacks the textual basis, not the policy wisdom, of CFTC preemption
agent: rio
sourced_from: internet-finance/2026-04-24-38ag-massachusetts-sjc-bipartisan-amicus-cftc-preemption.md
scope: structural
sourcer: Multi-State Attorney General Coalition
challenges: ["cftc-licensed-dcm-preemption-protects-centralized-prediction-markets-but-not-decentralized-governance-markets", "third-circuit-ruling-creates-first-federal-appellate-precedent-for-cftc-preemption-of-state-gambling-laws"]
related: ["cftc-licensed-dcm-preemption-protects-centralized-prediction-markets-but-not-decentralized-governance-markets", "rule-40-11-paradox-creates-theory-level-circuit-split-on-cftc-preemption", "third-circuit-ruling-creates-first-federal-appellate-precedent-for-cftc-preemption-of-state-gambling-laws", "bipartisan-state-ag-coalition-signals-near-consensus-opposition-to-cftc-prediction-market-preemption", "dcm-field-preemption-protects-all-contracts-on-registered-platforms-regardless-of-type", "cftc-state-supreme-court-amicus-signals-multi-jurisdictional-defense-strategy", "cftc-gaming-classification-silence-signals-rule-40-11-structural-contradiction", "prediction-markets-face-political-sustainability-risk-from-gambling-perception-despite-legal-defensibility", "dodd-frank-textual-argument-strongest-state-resistance-theory", "38-state-ag-coalition-signals-prediction-market-federalism-not-partisanship", "massachusetts-sjc-oral-argument-signals-state-gambling-law-coexistence-with-cftc-dcm-regulation"]
supports: ["38-state bipartisan AG coalition opposing CFTC prediction market preemption signals that the state-federal conflict is a states' rights issue, not a partisan issue \u2014 making SCOTUS resolution less predictable even for a court that historically favors federal preemption"]
reweave_edges: ["38-state bipartisan AG coalition opposing CFTC prediction market preemption signals that the state-federal conflict is a states' rights issue, not a partisan issue \u2014 making SCOTUS resolution less predictable even for a court that historically favors federal preemption|supports|2026-04-28"]
---

# The Dodd-Frank textual argument (exclusive jurisdiction clause predates gambling-adjacent prediction markets) is the strongest legal theory for state resistance because it attacks the textual basis, not the policy wisdom, of CFTC preemption

The 38 state AGs' core legal argument is that CFTC cannot claim exclusive preemption authority based on Dodd-Frank because the statute's exclusive jurisdiction clause 'does not even mention gambling at all.' They argue Dodd-Frank targeted 2008 financial crisis instruments (derivatives, swaps, systemic risk) — not sports gambling or prediction markets. This textual argument is stronger than policy-based challenges because it attacks the statutory foundation of CFTC's preemption claim rather than arguing CFTC is wrong on policy. Courts defer to agencies on policy questions (Chevron deference, though weakened) but not on questions of statutory authority. If the exclusive jurisdiction clause doesn't textually cover gambling-adjacent contracts, then CFTC's field preemption claim fails regardless of who controls the White House or CFTC. This is a structural legal argument, not a political one. The fact that 38 AGs across the political spectrum are making this argument signals they believe it has legal merit independent of partisan preferences. If this theory prevails, DCM-registered platforms lose their federal preemption shield permanently, not just during unfavorable administrations.

## Extending Evidence

**Source:** Finance Magnates, Massachusetts SJC oral argument May 4, 2026

Kalshi's defense rests on the 2010 Dodd-Frank Act's broad definition of 'swaps' granting CFTC exclusive federal jurisdiction over event contracts, arguing this federal classification preempts state gambling regulations entirely. However, Massachusetts SJC oral argument shows justices were 'unmoved toward accepting federal preemption' despite acknowledging the structural differences from traditional sportsbooks, suggesting the textual Dodd-Frank argument faces judicial skepticism even when the structural case is acknowledged.
