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@ -59,3 +59,10 @@ State gaming commissions' core argument in ANPRM comments: '$600M+ in state tax
**Source:** Bloomberg Law, April 17, 2026
Judge Nelson's questioning at Ninth Circuit oral arguments directly addressed Rule 40.11: CFTC's own regulations prohibit DCMs from listing gaming contracts unless CFTC grants an exception. Nelson framed prediction markets as having two options: they can't do the activity at all, or they're regulated by the state. The federal authorization they claim either doesn't exist (gaming is prohibited on DCMs) or requires explicit CFTC permission (which hasn't been granted specifically for sports event contracts). CFTC attorney Minot's response (arguing CFTC doesn't define sports contracts as 'gaming') was apparently unpersuasive to the panel.
## Supporting Evidence
**Source:** Bloomberg Law, April 17, 2026
Judge Nelson's questioning at April 16, 2026 Ninth Circuit oral arguments directly targeted Rule 40.11: CFTC's own regulations prohibit DCMs from listing gaming contracts unless CFTC grants an exception. Nelson framed the contradiction: prediction markets either can't do the activity at all (gaming is prohibited on DCMs), or they're regulated by the state. The federal authorization they claim either doesn't exist or requires explicit CFTC permission not yet granted for sports event contracts. CFTC attorney Minot's response (arguing CFTC doesn't define sports contracts as 'gaming') was apparently unpersuasive to the panel.

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@ -101,3 +101,17 @@ Bloomberg Law reports April 16, 2026 Ninth Circuit oral arguments showed all thr
**Source:** casino.org, April 20, 2026; Ninth Circuit oral arguments April 16, 2026
Ninth Circuit oral arguments on April 16, 2026 showed marked skepticism from all three Trump-appointed judges (Nelson, Bade, Lee) toward Kalshi's federal preemption argument. Judge Nelson's direct questioning of CFTC 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.') signals likely ruling for Nevada. Article published April 20 stated ruling expected 'in the coming days' rather than typical 60-120 day window, suggesting imminent circuit split confirmation with Third Circuit. Multiple states (including Arizona) have already filed to delay their own cases pending this ruling, confirming its dispositive significance.
## Supporting Evidence
**Source:** Bloomberg Law, April 17, 2026
Bloomberg Law reports April 16, 2026 Ninth Circuit oral arguments showed all three Trump-appointed judges (Nelson, Bade, Lee) displaying marked skepticism toward prediction markets and CFTC preemption arguments. Judge Nelson focused on Rule 40.11's prohibition of gaming contracts on DCMs unless CFTC grants exceptions. Legal observers at the argument consensus: panel appears likely to rule for Nevada. Combined with Third Circuit's April 6 ruling for Kalshi, this creates confirmed circuit split. Fortune (April 20) describes case as 'hurtling toward the Supreme Court.'
## Extending Evidence
**Source:** Bloomberg Law, April 17, 2026
April 2026 prediction market trading volume exceeded $6.5 billion in first two weeks alone. The Masters golf market reached $460M. This scale creates massive economic stakes for SCOTUS review - the markets are growing faster than regulatory certainty timeline, creating mismatch between market size and legal durability.

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@ -38,3 +38,10 @@ Ninth Circuit panel composition (Nelson, Bade, Lee - all Trump first-term appoin
**Source:** casino.org, April 20, 2026
Ninth Circuit ruling (expected imminently as of April 20, 2026) will create formal circuit split with Third Circuit precedent. Nevada's position characterized sports event contracts as functionally identical to sports books, focusing on consumer protection and tax revenue arguments. Panel skepticism across all three judges suggests Ninth Circuit will rule for Nevada, directly contradicting Third Circuit's preemption holding and making SCOTUS cert petition nearly certain.
## Extending Evidence
**Source:** Bloomberg Law, April 17, 2026
The Third Circuit's April 6 ruling for Kalshi (2-1, preliminary injunction for federal preemption) now stands in direct conflict with expected Ninth Circuit ruling for Nevada. This is the MERITS appeal in the Ninth Circuit, not the prior February 2026 administrative stay denial. Nevada characterized sports event contracts as functionally identical to sportsbooks, and the Trump-appointed panel appeared receptive to this framing.