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Random freezes, missing sound and display glitches usually trace back to one bad driver. Find and replace yours safely.Free scan · under a minuteThe NFL is urging the U.S. Supreme Court to hear a case over whether states can regulate sports-related prediction-market contracts as gambling. In an amicus brief filed October 8, 2026, in Flaherty v. KalshiEX, LLC, the league argues that contracts tied to game outcomes are wagers—not “swaps” governed exclusively by the federal derivatives framework. The Court has not yet been reported to have accepted the case or decided the issue.
What the NFL asked the Supreme Court to do
The NFL filed its brief in support of the petitioners seeking Supreme Court review in Flaherty v. KalshiEX, LLC, docket No. 26-299. The league wants the Court to address whether states may apply their gambling laws to sports-related event contracts listed on federally designated contract markets (DCMs).
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The brief takes a clear side in the dispute: the NFL says these contracts are sports gambling and should remain subject to state gambling regulation, rather than receive exclusive federal treatment as swaps under the Commodity Exchange Act (CEA). That is the league’s advocacy in a pending case, not a Supreme Court ruling.
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That is the central legal question, but the dispute is not settled by what a platform calls a contract. It turns on the CEA’s definition of a “swap,” how that definition applies to event contracts, and whether federal law displaces state gambling rules when the contracts are listed on a DCM.
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The NFL’s argument
The league argues that derivatives regulation has historically dealt with instruments used to hedge existing financial risk and support price discovery. A contract that allows someone to take a position on a game outcome, it says, creates gambling risk rather than hedging an existing commercial exposure. The NFL’s brief argues that Congress did not use Dodd-Frank to bring sports betting within the CEA’s swap definition.
As the NFL puts it in its brief: “Read in its statutory and historical context, Dodd-Frank’s definition of ‘swap’ reaches only instruments created and used for the purpose of hedging preexisting risk—not wagers that create risk primarily for gambling purposes.” This is the NFL’s interpretation of the law, not a holding by a court.
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Why the courts disagree
The Third Circuit reached the opposite result in New Jersey litigation, concluding that the sports event contracts at issue qualified as swaps. The NFL says the Sixth and Ninth Circuits reached the better result for state regulation, treating sports-event contracts as gambling in context and allowing state rules to apply. The disagreement among appellate courts makes the question consequential, but does not itself determine what the Supreme Court will do.
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Can states regulate sports event contracts?
The competing positions concern the boundary between federal derivatives oversight and state authority over gambling. The CFTC’s asserted position is that federally registered DCMs fall within its exclusive authority over swaps. States argue that sports event contracts are wagers governed by state gambling laws. The NFL backs the states’ approach and says the CEA should not preempt those laws for sports contracts.
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The Supreme Court petition asks the justices to review the dispute; the NFL’s brief supports that request. The materials reported as of October 8, 2026, do not show that the Court has granted review or ruled on the merits. The issue therefore remains unresolved.
Why the NFL says safeguards matter
The league argues that sports-related markets raise game-integrity and consumer-protection concerns that state-regulated sportsbooks and gaming authorities address through safeguards. Its brief calls for measures including:
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- Lists of prohibited or especially vulnerable wagers.
- Information sharing about official league data to support accurate contract settlement.
- Monitoring intended to prevent insiders from trading on material nonpublic information.
- A minimum trading age of 21; the NFL brief says people aged 18 can trade on sports markets listed on DCMs.
The NFL singles out markets on individual plays and player injuries as especially vulnerable. Its stated concern is that someone with privileged information, or the ability to influence a narrow event, could gain an unfair advantage. The brief’s examples are concerns about risk; they are not proof that a specific contract was manipulated.
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The league’s volume and staffing claims
To convey the scale of sports-related trading, the NFL brief reports that NFL-related contracts accounted for $1.8 billion of $3.3 billion in prediction-market trading volume on the first Sunday of the 2026 season. The figure is the league’s claim in its filing; the Associated Press also attributes it to the brief, rather than reporting an independent audit.
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The brief also cites 543 employees at the CFTC and contrasts that agency-wide figure with staffing at state gaming regulators, arguing that the federal agency has broad responsibilities and limited capacity for event-contract oversight. That staffing comparison is the NFL’s argument, not an independently verified assessment of the agency’s capacity.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What Kalshi, Polymarket and the CFTC say
Kalshi disputes the NFL’s characterization of federal oversight. In an Associated Press report published October 8, spokesperson Elisabeth Diana said the CFTC is actively policing sports-related markets, which she said are listed on nearly every U.S. commodities exchange. She also said Kalshi prioritizes market integrity and pointed to partnerships with sports organizations.
A Polymarket spokesperson told the AP that the company shares the NFL’s commitment to preserving game integrity and is working on a “harmonized federal framework.” Those statements reflect the operators’ positions, not a resolution of the legal question.
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1Repair Windows errors before they cause bigger problems2Scan for outdated or missing drivers - takes under a minute3Clear out junk files and repair common Windows errorsCFTC spokesperson Brooke Nethercott told the AP that the NFL had declined to sign a memorandum of understanding with the agency. She said such an agreement would have given the league a way to discuss, cooperate, and exchange information with the CFTC to promote prediction-market integrity and resilience. The agency’s response complicates any suggestion that the NFL and CFTC have had no opportunity to communicate.
What happens next
The Supreme Court must first decide whether to grant the petition for review. If it does, the justices could address how the CEA’s swap definition applies to sports event contracts and how federal derivatives law interacts with state gambling regulation. If review is not granted, the existing appellate decisions would continue to shape the dispute. The NFL’s filing asks the Court to act; it does not predict or establish the outcome.
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