The CFTC is proposing a formal rule that would classify certain event contracts, like the ones traded on Kalshi, as swaps that fall under its oversight. The move comes while the legal fight over these products is still going.

The NFL is pushing the other way. In an amicus brief, the league asked the Supreme Court to take up New Jersey's case, arguing that Kalshi's sports contracts are gambling and shouldn't be treated as swaps regulated by the CFTC.

So the open question is which label sticks. If the swaps reading holds, a single federal regulator controls the market. If the Court hears the case and accepts the gambling argument, New Jersey and other states get a much stronger hand. That last part is my read, not something either filing claims. For anyone trading prediction markets, whether the Supreme Court agrees to hear the case matters more than the rule text itself.

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