NFL asks Supreme Court to back state regulation of prediction markets

The league’s brief argues that state regulators, not the CFTC, should oversee prediction‑market contracts after record trading volume on the first Sunday of the 2026 season.

By Felo News Desk · Published Fri, 09 Oct 2026 06:02:04 GMT

The National Football League filed a 24‑page brief on Thursday urging the U.S. Supreme Court to allow state gambling regulators to oversee sports prediction‑market contracts, according to Fortune and Bleacher Report.

What happened

The NFL’s brief supports New Jersey’s request for the Court to decide whether states or the Commodity Futures Trading Commission (CFTC) have authority over prediction markets. The league cites roughly $1.8 billion to $2 billion traded on NFL games on the opening Sunday of the 2026 season, more than half of the day’s total prediction‑market volume.

What the reports add

Fortune notes that the brief argues prediction contracts are bets on game outcomes and should follow traditional gambling rules, and that the CFTC has taken a largely hands‑off approach, permitting federally registered exchanges such as Kalshi to offer sports contracts without state‑level licensing.
Fortune adds that Kalshi recorded more than $173 billion in trades through late August 2026, with sports contracts accounting for about 80 % of its volume, and that other leagues—including MLB, MLS and the NHL—have partnered with Kalshi and Polymarket.
Bleacher Report emphasizes the NFL’s claim that “states are better positioned to oversee sports‑related contracts given the current landscape.”
Bleacher Report reports that 38 states, including attorneys general from Arkansas, California, Illinois, Missouri, New York, South Carolina and Pennsylvania, filed a brief urging the Court to preserve state authority.
Bleacher Report includes a quote from Kalshi spokeswoman Elisabeth Diana disputing the NFL’s view of the CFTC, saying the agency is actively policing sports‑related markets and that its rulemaking “addresses many of the NFL’s supposed concerns.”
Both outlets mention the split among federal appeals courts: the 6th and 9th Circuits have ruled in favor of states, while the 3rd Circuit sided with Kalshi, creating a circuit split that increases the likelihood of Supreme Court review.

What was said

“Absent the clarity that only this Court can provide, (prediction market) operators will continue exploiting the gap between state and federal regulation, endangering consumers and the integrity of sports events across the country,”

— NFL lawyers, quoted in Bleacher Report.

“Polymarket shares the NFL’s commitment to preserving the integrity of the game, which is why we … are actively collaborating with the CFTC, SEC, and other professional leagues toward a harmonized federal framework,”

— Polymarket statement, cited by Fortune.

“Contrary to the NFL's statements, the CFTC is actively policing sports‑related markets, which are now listed on nearly every U.S. commodities exchange. The CFTC's ongoing rulemaking addresses many of the NFL's supposed concerns,”

— Elisabeth Diana, Kalshi spokeswoman, Bleacher Report.

How it came about

The NFL’s push follows a wave of state actions against prediction markets, including New York’s lawsuit against Polymarket and a Utah federal judge’s ruling upholding anti‑gambling laws. The brief also references the Ninth Circuit’s August decision allowing Nevada regulators to enforce state gambling laws against Kalshi’s sports contracts, creating a split with the Third Circuit’s earlier ruling in favor of Kalshi. The league’s filing seeks to shape the regulatory landscape before the Supreme Court’s docket on the issue, which is expected to be set for the next term.

Key facts

The NFL filed a 24‑page brief urging the Supreme Court to let states regulate prediction markets. (fortune.com)
Trading volume on NFL games on the opening Sunday of the 2026 season was about $1.8 billion to $2 billion, more than half of the day’s total. (bleacherreport.com)
The brief supports New Jersey’s request for the Court to decide jurisdiction between states and the CFTC. (bleacherreport.com)
The CFTC has taken a largely hands‑off approach to prediction markets under the current administration. (fortune.com)

Where accounts differ

Exact trading volume cited: nearly $2 billion traded on NFL games (fortune.com); $1.8 billion in trading volume (bleacherreport.com)
Framing of the NFL’s request: urged the Supreme Court to back state gambling regulators (fortune.com); urged the Court to rule on regulation, supporting New Jersey’s request (bleacherreport.com)