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The NFL referenced a comparable incarnation of the platform in a letter this summer to the US Commodity Futures Trading Commission on prediction markets. The league was one of several that submitted public comments to the CFTC in regards to the agency’s proposed rules on event contracts.

The comment period opened shortly after several members of a Senate subcommittee alluded to the rise of prediction markets and the subsequent risk of a spike in harassment cases at a May federal sports betting hearing. The hearing, commenced by a US Senate Committee on Commerce, Science and Transportation subcommittee, was held at the Russell Senate Building during the heart of the NBA and NHL Playoffs.

Cruz, who chairs the Senate Commerce Committee, also co-authored the aforementioned Protect College Sports Act with Washington Senator Maria Cantwell. As cloture motion for floor debate of the act began this week, Cruz has expressed optimism that the bill will be signed into law.

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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.

“Both the Third Circuit and the District of New Jersey side with Kalshi, because the CFTC’s exclusive jurisdiction prompt state law,” Lever said, adding that “nothing in New Jersey’s filing” changes that view.

Each Supreme Court term begins on the first Monday in October and runs through late June or early July. The court typically receives about 7,000-8,000 writ petitions and grants about 80, or 1%, each term. Four of the nine sitting justices must vote to accept a case. Five current justices – Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Elena Kagan, Neil Gorsuch and Sonia Sotomayor – were on the bench in 2018 for the PASPA case.

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Yet the presence of professional counterparties complicates the customer-facing idea that prediction markets merely allow users to trade opinions with one another. As Kendrick puts it, two ordinary customers are not going to place $10 million or $20 million behind the Philadelphia Eagles. Markets at that scale require institutions.

For Marantelli, the exchange format could also cause some customers to lose money faster than they would with a conventional sportsbook. The ability to enter and exit positions creates a perception of flexibility, but that optionality can encourage users to commit more of their bankroll.

A customer might buy a team at 55 or 56 cents expecting the price to rise to 58 or 59 cents, he explains. If it falls to 45 cents instead, the trader may refuse to accept the loss and continue holding the position.