NFL Implores US Supreme Court to Rule Prediction Markets Are Gambling

The National Football League (NFL) is asking the US Supreme Court to classify prediction markets as gambling apps, citing concerns about the game’s integrity due to unclear rules and limited regulatory oversight of sports wagering. NFL Submits an Amicus Brief to the Supreme Court The league submitted an amicus brief in a legal battle between Kalshi and New Jersey, which has asked the Supreme Court to resolve the issue amid conflicting appeals court rulings. The Commodity Futures Trading Commission (CFTC) currently regulates prediction markets as securities trading platforms. Critics argue that this framework allows the companies to avoid gambling taxes and penalties while enabling users as young as 18 to place sports bets. It should be said that the NFL said it does not oppose prediction markets themselves. However, it believes they should be regulated at the state level, particularly given the risk of insider trading on these platforms. It should also be noted that earlier this summer, the NFL had previously told its concerns directly to the CFTC, urging the agency to pass further measures to protect sport integrity. The league also raised concerns about market manipulation, noting that players could deliberately miss a field goal or fumble a pass to influence specific market outcomes. It added that markets tied to injuries and officiating decisions could also be vulnerable to insider trading. The NFL further called for a minimum age of 21 for sports betting, in line with the rules governing traditional sportsbooks. Not Everyone Agrees With the NFL Under the Trump administration, the CFTC has backed prediction markets in the dispute. It has filed multiple lawsuits against states seeking to enforce gambling laws against the platforms. The agency argues that it has exclusive regulatory authority over these markets. Meanwhile, states contend that their typically yes-or-no contracts resemble bets and should therefore fall under state gambling regulations. Kalshi also responded to the NFL’s recent amicus brief. According to Kalshi spokeswoman Elisabeth Diana, the company prioritizes market integrity, citing its partnerships with the NHL, MLB and other sports organizations. She added that the CFTC actively oversees sports-related markets, which are now available on nearly every US commodities exchange. Diana also noted that the agency’s ongoing rulemaking addresses many of the NFL’s concerns. She explained that these regulations are backed by a comprehensive federal enforcement system that protects trillions of dollars in US market transactions. A Polymarket spokesperson also defended the platform, stating that the company shares the NFL’s commitment to protecting the integrity of sports. The spokesperson highlighted Polymarket’s advanced market surveillance tools and its collaboration with the CFTC and other professional leagues. Polymarket believes these collaborations would provide stronger and more consistent oversight than a fragmented system of state laws. In other news about the NFL, Midnite has become its betting partner in the UK and Ireland after signing a three-year deal.