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Just eight years after the state of New Jersey successfully petitioned the US Supreme Court to repeal the Professional and Amateur Sports Protection Act, which opened the floodgates of sports betting expansion across the country, the Garden State has again petitioned the high court, this time to defend its sports betting jurisdiction against the rise of prediction markets and sports event contracts.
On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.
The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.
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According to the court’s statement, the judges rejected challenges from gaming hall operators and said the city’s public decision was legally sound.
The ruling preserved a revenue measure the city says was designed to bring in up to €1 million according to the court’s own summary.
Andreas Braun, owner of four arcades in Wiesbaden, filed an objection and constitutional complaint against the tax rate in April last year according to local reporting. He argued that the tax rise had provided a ‘strangling’ effect to business and that it consumed operator profits.
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The ongoing battle between states’ rights advocates and those who support federal regulations in sports trading is not black and white. Carton indicated in his monologue that engaging in the trading of sports-event contracts amounts to unregulated gambling. Designated Contracts Markets, better known as prediction markets, are regulated on the federal level by the US Commodity Futures Trading Commission.
On Wednesday, a CFTC deputy general counsel posted an ad on LinkedIn for a senior position with the commission. It appears that the attorney is seeking assistance in crafting formal rules for event contracts, a set of regulations he described as the “most impactful” the commission has written “in decades”.
The Polymarket ad campaign debuted less than 48 hours before Wednesday’s NFL regular-season opener. The matchup is a rematch of last season’s Super Bowl as the Seattle Seahawks host the AFC Champion New England Patriots.
