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@ -45,3 +45,10 @@ Judge Nelson's April 16, 2026 oral argument questioning made the Rule 40.11 para
**Source:** casino.org, April 20, 2026 - Ninth Circuit oral arguments
Judge Nelson directly confronted CFTC attorney Jordan Minot on the Rule 40.11 paradox during oral arguments. When Minot argued the CFTC doesn't define sports contracts as 'involving gaming,' Nelson replied: 'You go to a casino to make sports bets.' This exchange confirms the structural contradiction: prediction markets claim CFTC registration as DCMs provides federal preemption over state gaming laws, but CFR Rule 40.11 prohibits DCMs from listing gaming contracts unless the CFTC grants an exception. Nelson's framing makes the paradox explicit: the same CFTC framework that authorizes them also forbids their core product, eliminating the preemption shield.
## Supporting Evidence
**Source:** casino.org, April 20, 2026; Judge Nelson oral argument transcript
Judge Nelson directly confronted the Rule 40.11 paradox in oral arguments: '40.11 says any regulated entity shall not list for trading gaming contracts. It prohibits it from going on.' 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.' This exchange confirms the structural contradiction: if prediction markets claim DCM registration as basis for federal preemption, but CFTC Rule 40.11 prohibits DCMs from listing gaming contracts, the authorization they rely on simultaneously forbids their core product.

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@ -22,3 +22,10 @@ The 3rd Circuit ruled that New Jersey cannot regulate Kalshi under state gaming
**Source:** MultiState, Curtis-Schiff bill provisions, March 2026
The Curtis-Schiff Prediction Markets Are Gambling Act demonstrates that Congressional legislation can override field preemption by explicitly defining sports event contracts as gambling products requiring state gaming licenses rather than CFTC registration. If passed, this would eliminate DCM field preemption for sports contracts through statutory redefinition, showing that CFTC registration does not provide absolute protection against legislative reclassification.
## Challenging Evidence
**Source:** casino.org, April 20, 2026; Ninth Circuit oral arguments
Ninth Circuit panel's focus on Rule 40.11 challenges the field preemption theory by suggesting that CFTC authorization is conditional, not blanket. Judge Nelson's interpretation that DCMs 'shall not list' gaming contracts 'unless you get permission first' implies that registration alone does not create preemption — the specific contract type must be authorized. Nevada's attorney characterized sports event contracts as functionally identical to sports books, arguing they fall outside CFTC's authorized scope regardless of platform registration status.

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@ -73,3 +73,10 @@ Ninth Circuit oral arguments on April 16, 2026 showed all three judges (Nelson,
**Source:** casino.org, April 20, 2026
Ninth Circuit oral arguments held April 16, 2026 with ruling expected 'in the coming days' per casino.org April 20 article. Judge Nelson's exact language 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.' Panel composition (Nelson, Bade, Lee - all Trump first-term appointees) showed marked skepticism despite being 'friendly' circuit. Multiple states (e.g., Arizona) have filed to delay their own cases pending this ruling, confirming its dispositive significance. Timeline compressed from typical 60-120 day window to potentially days, accelerating circuit split formation.
## Supporting Evidence
**Source:** casino.org, April 20, 2026; Ninth Circuit oral arguments April 16, 2026
Ninth Circuit oral arguments on April 16, 2026 showed all three judges (Nelson, Bade, Lee) expressing skepticism toward CFTC preemption. Judge Nelson's direct questioning focused on Rule 40.11's 'shall not list' gaming contracts language, stating: 'The only way to get around it is if you get permission first.' The article published April 20 described ruling as expected 'in the coming days,' suggesting imminent circuit split confirmation with Third Circuit's pro-preemption stance. Multiple states (including Arizona) have filed to delay their own cases pending this ruling, confirming its dispositive significance.