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New Jersey stakeholders are no stranger to the importance of a Supreme Court review. The state lost every case in the lead-up to the PASPA repeal, except for the one that mattered most in the end, and it could be the same in this matter as Kalshi has prevailed thus far in state court and the Third Circuit. Davenport’s petition cites that fateful PASPA ruling in its introduction.
“Just eight years ago, this court reiterated that ‘each state is free to act on its own’ in regulating sports betting,” the petition says. “But Kalshi has a different view. Kalshi bills itself as ‘the first app for legal sports betting in all 50 states’ and believes it can offer that legal sports betting without following the sports-gambling laws of any of those 50 states.”
In a statement, Kalshi spokesperson Dani Lever said the platform is “an open, nationwide, financial exchange” that “cannot be regulated by 50 different regulators”, per CDC Gaming.
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The CFTC’s move gives the agency a chance to pursue parts of a crypto market framework under its existing authority, rather than waiting for Congress to resolve the broader legislative debate.
CFTC Chairman Michael Selig signaled that possibility back in August. The agency was considering how its existing powers could be used to create a dedicated market structure for digital assets that are standard, he said.
A new type of Designated Contract Market (DCM) dedicated to crypto trading is among the elements being looked at. Selig’s approach would enable existing and perhaps new crypto exchanges to gain CFTC recognition and offer leveraged or margined digital asset products under rules tailored for the sector.
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This sense of understanding was also described as something that needed to be maintained continuously, rather than achieved only once and then relied upon.
Consumers reiterated that being informed is an ongoing process, and that fast-paced and immersive gambling formats can rapidly erode awareness.
On the question of who should be responsible for maintaining this understanding, participants favoured a shared model rather than placing the burden solely on one party.
