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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 dilemma: 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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@ -94,3 +94,17 @@ Ninth Circuit oral arguments on April 16, 2026 showed marked skepticism from all
**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) expressing 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 the predicted circuit split. Fortune (April 20) describes the case as 'hurtling toward the Supreme Court.'
## 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 3rd Circuit's April 6 ruling for Kalshi (2-1 for federal preemption), this creates confirmed circuit split. Fortune (April 20) describes case as 'hurtling toward the Supreme Court.'
## Extending Evidence
**Source:** Bloomberg Law, April 17, 2026
Total prediction market trading volume exceeded $6.5 billion in first two weeks of April 2026. The Masters golf market alone reached $460M. This scale demonstrates the economic stakes of the circuit split are growing rapidly while regulatory certainty remains unresolved, increasing pressure for Supreme Court resolution.