Library/States vs. Prediction Markets: The Fight Over the Meaning of 'Swap'
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States vs. Prediction Markets: The Fight Over the Meaning of 'Swap'

Shreyas Hariharan·April 6, 2026·Substack
a single comma in dodd-frank may decide whether the cftc or states regulate prediction markets

Why It's Worth Reading

Breaks down the legal fight over whether sports event contracts are "swaps" under the Commodity Exchange Act, which would give the CFTC exclusive jurisdiction and preempt state gambling laws. Courts are split across 19 pending federal lawsuits, with the Third Circuit ruling in Kalshi's favor. The case hinges on how broadly to read two phrases in Dodd-Frank's swap definition and will likely reach the Supreme Court within two years.

Some technical background helpful

Concepts

Platforms mentioned: Kalshi

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