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@ -66,3 +66,10 @@ Judge Nelson's Rule 40.11 paradox argument directly challenges the DCM preemptio
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**Source:** MultiState, March 2026
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Curtis-Schiff bill would eliminate DCM preemption for sports contracts through Congressional redefinition, showing that CFTC registration does not provide permanent regulatory protection against legislative action
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## Challenging Evidence
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**Source:** casino.org, April 20, 2026; Judge Nelson oral argument quotes, April 16, 2026
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Judge Nelson's Rule 40.11 paradox argument directly challenges the DCM preemption shield: 'Rule 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.' 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 creates a structural contradiction: if prediction markets claim CFTC registration as DCMs as the basis for federal preemption over state gaming laws, but the CFTC's own Rule 40.11 prohibits DCMs from listing gaming contracts, then the very framework that authorizes them also forbids their core product — eliminating the preemption shield they rely on. Nevada's attorney characterized sports event contracts as functionally identical to sports books, strengthening the gaming classification argument.
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@ -101,3 +101,10 @@ Bloomberg Law reports April 16, 2026 Ninth Circuit oral arguments showed all thr
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**Source:** casino.org, April 20, 2026; Ninth Circuit oral arguments April 16, 2026
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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.
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## Supporting Evidence
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**Source:** casino.org, April 20, 2026; Ninth Circuit oral arguments April 16, 2026
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Ninth Circuit oral arguments on April 16, 2026 showed marked skepticism from all three judges (Nelson, Bade, Lee) toward Kalshi's federal preemption argument. Judge Nelson's direct questioning 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.') signals likely ruling for Nevada. Casino.org article published April 20 stated ruling expected 'in the coming days' — faster than typical 60-120 day window. Multiple states (including Arizona) have filed to delay their own cases pending this ruling, confirming its dispositive significance. This accelerates the circuit split timeline: if 9th Circuit rules for Nevada (expected), formal split with 3rd Circuit is confirmed, making SCOTUS cert path near-certain.
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