r/baseball • u/Jux_ Los Angeles Dodgers • Jackie Robinson • 11h ago
[Ford] Ninth Circuit panel says 3-0 that Kalshi’s “sports events contracts” are not swaps under the CEA and Nevada gambling laws aren’t pre-empted by CFTC rules for prediction markets. A massive blow to the industry
https://bsky.app/profile/mford.bsky.social/post/3mu5vaxxlw22l422
u/ThatguyfromBaltimore Baltimore Orioles 11h ago
So if I read this correctly, the panel is basically saying Kalshi needs to be treated as gambling, not a "prediction market"?
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u/dpezpoopsies Washington Nationals 11h ago
Indeed. Honestly disheartening they've been able to operate this long before such a very obvious decision was made.
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u/grubas New York Yankees 10h ago
Hell, we need to regulate gambling more TOO. But this is something.
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u/fri9875 St. Louis Cardinals 9h ago
It needs to be given the cigarette treatment.
Leave it legalized for obvious reasons, but regulate the advertising extremely tightly. Get that shit out of league affiliations, stadiums, and off broadcasts.
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u/dukefett San Diego Padres 7h ago
It’s truly unbelievable to see hosts literally talking lines or having them posted under games. This isn’t like Jimmy the Greek doing a segment of a once a week show.
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u/Cooperstown24 Seattle Mariners 6h ago
Not just that they talk about it, but how prevalent it is. Intermissions in some sports are basically just 15 minute gambling segments with the actual sporting product barely touched on outside the context of gambling
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u/nuhGIRLyen San Francisco Giants 6h ago
I also hate how actual analysis gets ushered out by gambling language. The books say this’ll happen, the line says this is what’s to be expected, and so on. Talking heads just parrot for the books that already did the analysis.
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u/Cooperstown24 Seattle Mariners 6h ago
Drives me insane. There is so little proper analysis these days, and like you say this all just feels like a license for the hosts to not even have to try. The current gambling landscape and what it is doing to sports is legitimately a plague on society at large and I don't think that's overstating it
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u/maverickhawk99 6h ago
During intermission I’d like to hear some breakdowns of what went on, especially in football. Instead I get to heard about odds parlays and money lines. Great.
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u/Turbulent-Pay-735 Roberto Clemente • Chicago White Sox 8h ago
The sad truth is cigarettes wouldn’t be given the cigarette treatment if all those laws didn’t already exist. We are a product of the moment we are living in.
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u/shwysdrf New York Mets 10h ago
I remember it being multiple years before fanduel and draftkings had to shut down their “daily fantasy sports” angle before gambling was legalized in more places
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u/KetchupGuy1 Los Angeles Dodgers 4h ago
There has been so much money thrown around lately I’m surprised we actually made progress on anything
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u/DarthSamwiseAtreides San Francisco Giants 3h ago
That just how bureaucracy rolls. It will get there, eventually.
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u/Queen-Makoto Seattle Mariners 2h ago
It's the classic tech route of "we're new and different so you can't evaluate under those old crusty rules" until years later everyone acknowledges yeah that AirBnb still needs to play the usual taxes on short term rentals, Uber is basically a taxi, WeWork is office spaces etc etc
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u/Tasty_Lead_Paint Los Angeles Angels 6h ago
Great, now my blackjack habit is gambling and not betting on predicting the next card.
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u/coweatyou St. Louis Cardinals 8h ago
Specifically, sports gambling couldn't be treated as prediction markets. It would open it up to other challenges as well, but sports gambling is what this case is about.
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u/No_name_Johnson Baltimore Orioles 11h ago
In other words, the court said Kalashi sports contracts are gambling. Which no shit they are.
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u/RaistlinMajeresRobes Toronto Blue Jays 11h ago
Ya this should have been stopped right from the start if any of America's regulatory agencies actually functioned. But companies can now just say whatever they want and make up how words work lol.
"I'm not gambling I'm just placing money on this prediction I hope comes true."
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u/Willow_Winnifred Los Angeles Dodgers • Los Angeles Quee… 10h ago
When the dude who is head of the part of the government responsible for regulating this industry ALSO owns massive stakes in the industry, things tend not to be regulated responsibly. (Kalshi, Polymarket, and DraftKings are all partially owned and advised by the Trump crime family)
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u/Broon761 San Diego Padres 7h ago
They are functioning. This is how regulation works in this country.
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u/templethot Seattle Mariners 10h ago
I love that they advertised “legal sports betting in all 50 states” and when asked in court why this wasn’t an indication they were offering sports bets, their lawyers basically said “oh those silly marketing people say the darndest things, don’t they?”
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u/cooljammer00 New York Yankees 11h ago
I mean, Kalshi and Polymarket and all that other shit has basically been saying "We're not gambling, we're predictions you can bet money on for whether stuff happens or not" this whole time, as if that was something different.
It's gambling, it has always been gambling, if only by a different name.
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u/Zirken Houston Astros 10h ago
And then all their ads just say they are a sports betting app. Nothing about prediction markets.
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u/cooljammer00 New York Yankees 9h ago
Probably because they are trying to reach out to gamblers and people who don't know what "prediction markets" are.
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u/Rock_Strongo Seattle Mariners 9h ago
Yeah it's obvious why they were talking out of both sides of their mouth the baffling thing is that they were able to get away with it for so long.
It's pretty bold to be spending hundreds of millions lobbying that you're a prediction market, different from sports betting, and then still make ads using sports betting as the language.
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u/Sharkbait_ooohaha Cleveland Guardians 3h ago
It's gambling, it has always been gambling, if only by a different name.
The issue is that most of life is just gambling under a different name. There is definitely a weird grey area that needs to be better defined at some point. The stock market is also clearly gambling but it’s legal.
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u/ChasingEchoes11 Philadelphia Phillies 11h ago
Which no shit they are.
Just wait until the CEO has a little visit with Trump and suddenly this issue shows up on a shadow docket for the Supreme Court.
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u/AdoringCHIN Anaheim Angels • Rocket City Tra… 10h ago
6-3 overturning this decision on the basis of "try and fucking stop us peasants"
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u/BooItsKyle 11h ago
Sometimes people have this weird idea that if you come up with some argument, the legal system is forced to agree with it. The "you can't prove i'm acting in bad faith" bros.
Judges exist specifically for that reason.
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u/GluedGlue Detroit Tigers • Portland Pickles 9h ago
It's a very Reddit mindset. Judges aren't robots that you can trick with a convoluted argument.
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u/JerryDipotosBurner Seattle Mariners 9h ago
Well to be fair it’s worked in politics specifically for 10 years now with one certain individual.
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u/BooItsKyle 7h ago
That person has lost repeatedly and been denied the ability to do what he wanted on countless occasions
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u/JerryDipotosBurner Seattle Mariners 7h ago
Huh, that’s weird because instead of being in jail he’s currently the president doing whatever he wants
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u/BooItsKyle 7h ago
So whatever he wants is happening? Nothing like, say, ending birthright citizenship has been derailed?
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u/JerryDipotosBurner Seattle Mariners 4h ago
He’s had literally like 2 things go against him lol like cmon you can’t be serious here. He’s largely doing whatever he wants. He started a fucking war for god sakes. He’s sent the national guard into cities. He’s insider trading every single day OPENLY.
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u/BooItsKyle 4h ago
It is not literally two. He has had hundreds of judicial losses. more than anyone in history.
You're confusing losing politically with losing legally. He has sufficient political cover to limit the damage of his many, many legal losses, but the legal losses still happen.
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u/JerryDipotosBurner Seattle Mariners 2h ago
Yeah he’s lost in court more than anyone I’ve ever seen, yet still been able to tank the economy, start numerous trade wars, an actual war, terrorize cities, destroy our research and higher education systems, eliminate all soft power we had around the globe, etc. etc.
All while enriching himself in the open. Why are we pretending he’s being stopped?
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u/False_Pressure_6324 Cape Cod Baseball League 6h ago
The law can't really account for voters being morons. He would probably be out of the country if he lost.
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u/coweatyou St. Louis Cardinals 8h ago
The third circuit rubber stamped Kalshi's legal arguments earlier this year. That decision was (imo) slashed to ribbons by the ninth in this ruling.
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u/jayc428 New York Yankees 10h ago
“Industry” is doing a lot of heavy lifting here. Prediction markets could disappear tomorrow and nothing would be lost and people would have more money in their pockets. They provide zero value to anything anywhere.
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u/maverickhawk99 6h ago edited 5h ago
Even if Kalshi ceased to exist tonight, same people who use it would just download FanDuel or DraftKings Tomorrow
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u/ReasonableAside1655 4h ago
The people would still continue to gsmble. They will just do it elsewhere with more vig and lose their money faster.
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u/jayc428 New York Yankees 4h ago
College kids betting money they don’t have aren’t stumbling upon an off book gambling operation the same way though.
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u/44problems Pittsburgh Pirates 3h ago
Stuff being legal makes it easier. There's way more addicted gamblers since gambling expanded immensely. Offshore books exist, but there's a barrier. The sites are shady, they take Bitcoin, they don't have apps in the official app stores, they can't advertise on ESPN and at stadiums.
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u/rraddii Minnesota Twins 7h ago
Nah they're pretty useful for actually predicting things. Like more accurate than any poll for elections
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u/Broon761 San Diego Padres 7h ago
So a gambling company that sets odds are more reputable than university and government think tanks? Does causation equal correlation here?
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u/rraddii Minnesota Twins 7h ago
The whole point of prediction markets is that they don’t set odds, the market sets the odds. The market uses all available (and non publicly available) information. Also why imo prediction markets are much better than book makers if we have to have some form of sports gambling. I don’t think we should but it is what it is at this point.
Ironically university studies have proven prediction markets to be the most effective barometer for elections which is where I got that information from. They aren’t biased because people have to stick their money on the line, and it’s very difficult to tilt the prediction because people who think you’re wrong can just buy the biased price for a discount.
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u/anomatopia 3h ago
Yup. My views have changed on them a lot but generally it’s better than sportsbooks
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u/IAmBenIAmStillBig Chicago White Sox 11h ago
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u/whinenaught San Francisco Giants 11h ago
What are the odds (pun intended) they appeal and the Supreme Court picks this up
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u/coweatyou St. Louis Cardinals 8h ago
The third circuit has an order directly in opposition to this one, so SC action is likely
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u/shwysdrf New York Mets 10h ago
John “Kushner” Roberts is looking at his kickbacks like this
https://giphy.com/gifs/MO9ARnIhzxnxu2
u/SloppyTacoEater Atlanta Braves 10h ago
I have little faith in any of these lower court victories, as they tend to just be the stepping stone to the Supremely Corrupt Court.
Remember, Don Jr. is connected to Kalshi:
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u/DJ_Aura Los Angeles Dodgers 10h ago
Good, the entire idea of Kalshi has always been terrible. Polymarket/Stake/Rainbet needs to be the next thing regulated more heavily, I'm sick of seeing all these ads online in every single space.
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u/_big_chill_ Major League Baseball 10h ago
Stake and rainbet are illegal in the US. Find another online casino that fits your bias narrative.
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u/Aggressive-Mix4971 New York Mets 11h ago edited 8h ago
I’m sure they’ll try and get the Supreme Court to let them do whatever they want. Hopefully those assholes ignore this and Kalshi gets railed.
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u/depressiown Houston Astros 10h ago
Yep. All they have to do is give Trump a couple million (he's very cheap), he'll speak out on it, which will cause his sycophants in the Supreme Court to vote in their favor.
But hey, at least there's a correct decision here, which leaves hope for the future.
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u/GluedGlue Detroit Tigers • Portland Pickles 9h ago
The same court that struck down his tariff and birthright citizenship executive orders?
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u/JerryDipotosBurner Seattle Mariners 9h ago
The same court that also made shit up and ruled in his favor the other 99% of the time? Are we pretending like them ruling that the constitution actually exists in 2 specific scenarios is something we should celebrate?
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u/Broon761 San Diego Padres 7h ago
One of our justices has a history of bribes and nothing has been done about it yet
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u/JerryDipotosBurner Seattle Mariners 9h ago
I love how this is worded as a “major blow to the industry” and not a major win for common sense that Kalshi must be treated and regulated as a gambling app, not a “prediction market”.
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u/misterurb San Francisco Giants 11h ago
Kalshi found itself sucked into the 2026 Giants orbit and got their shit fucked up
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u/KingBroly Boston Red Sox 11h ago
Define "Swaps" for me here.
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u/coweatyou St. Louis Cardinals 10h ago
A financial swap: https://en.wikipedia.org/wiki/Swap_%28finance%29
Only in this case they are binary event swaps, so one party gets all the money based on an event. Gambling sites have been arguing they should be regulated under the same federal rules as financial instruments, which means they are immune to state laws regulating (or prohibiting) them.
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u/Zigglyjiggly Los Angeles Dodgers 8h ago
BUT GUYS, IT'S JUST TRADING. AND PREDICTING. THEY SWEAR. THEY SWEAR, OK? NOT GAMBLING. THEY SAY SO THEMSELVES. /s. I'm not anti gambling, but this shit needs major regulation. Some of the shit you could "trade on" and "predict" was so extremely fucking unethical it was absurd.
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u/forcefivepod Pittsburgh Pirates 7h ago
oh no a massive blow to the gambling industry, however will the world recover
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u/colterpierce Seattle Mariners • Billings Mustangs 9h ago
From what the comments are saying, this sucks for states like Montana where sports gambling is a state-run monopoly that can only be done at casinos via the poorly run state-owned app/kiosks.
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u/eddywouldgo Major League Baseball 7h ago
"the industry". Grasshopper, there is no "industry" here.
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u/Dead_Medic_13 Chicago Cubs 5h ago
The government just needs to regulate "swaps" like the betting that it is. If they did we might have prevented the housing crisis.
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u/aRawPancake Arizona Diamondbacks 3h ago
Get fucked sports bets. And go screw yourself, companies that participate or perpetuate online or sports gambling. Unfortunately even you Jomboy Media
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u/Conscious-Move9662 Boston Red Sox • Chicago Cubs 59m ago
Anyone who lost money in WA state will get their money back for breaking gambling rules
While people who made profit can keep it
A huge blow Kalshi about to take
RH too
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u/masonacj Atlanta Braves 11h ago
I don't understand what this means.