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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 oral arguments
Judge Nelson focused extensively on Rule 40.11 during oral arguments, framing the core issue: CFTC's own regulations prohibit DCMs from listing gaming contracts unless CFTC grants an exception. Nelson stated prediction markets have 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 the CFTC doesn't define sports contracts as 'gaming' was apparently unpersuasive to the panel.

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@ -61,3 +61,10 @@ Topics:
**Source:** Bloomberg Law, April 17, 2026
Total prediction market trading volume exceeded $6.5 billion in the first two weeks of April 2026. The Masters golf tournament market alone reached $460M. This represents massive acceleration in scale—$6.5B in two weeks extrapolates to ~$169B annualized run rate if sustained, though this likely reflects peak event-driven volume rather than steady state.
## Extending Evidence
**Source:** Bloomberg Law, April 17, 2026
Total prediction market trading volume exceeded $6.5 billion in the first two weeks of April 2026 alone. The Masters golf market alone reached $460M. This represents massive acceleration in market scale — $6.5B in two weeks annualizes to ~$170B, far exceeding prior estimates and showing prediction markets are growing faster than the regulatory certainty timeline.

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@ -101,3 +101,10 @@ 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 that the 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. Combined with the Third Circuit's April 6 ruling for Kalshi (2-1, preliminary injunction for federal preemption), this creates a confirmed circuit split. Fortune (April 20) describes the case as 'hurtling toward the Supreme Court.' The hostile reception from Trump appointees in the expected-friendly circuit indicates the legal argument has genuine structural weaknesses independent of political alignment.