Judge Cobb's Ruling Boosts Kalshi Against CFTC's Prediction Market Ban
TL;DR
- Judge Jia Cobb ruled in favor of prediction market Kalshi against the CFTC, potentially reshaping the regulatory landscape for political prediction markets in the U.S.
- The ruling challenges the CFTC's strict stance on prediction markets, which has previously targeted platforms like Polymarket and PredictIt.
This week, Judge Jia Cobb of the U.S. District Court for the District of Columbia ruled in favor of Kalshi in its case against the Commodity Futures Trading Commission (CFTC). This decision could significantly influence the future of prediction markets in the United States, especially those related to political events.
The CFTC, under Rostin Benham, has taken a hardline approach against prediction markets, previously penalizing platforms like Polymarket and attempting to shut down PredictIt. Kalshi, however, is registered as a regulated exchange, allowing it to self-certify “event contracts” unless deemed contrary to public interest.
In September 2023, Kalshi sought to certify a market on congressional control, but the CFTC disapproved it, claiming it constituted gaming. Judge Cobb disagreed, stating that these contracts relate to elections and politics, not illegal activities. Her ruling may limit the CFTC's authority over election-related contracts and provide a legal foundation for future prediction markets.
As the situation develops, it will be crucial to monitor how federal regulators respond to this evolving landscape. Will they embrace innovation, or will they continue to impose restrictions that could drive these activities offshore?
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