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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 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 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.

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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) 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 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 creates significant economic stakes for SCOTUS review beyond pure federalism questions.