NFL files amicus brief backing states' power to regulate prediction markets

Mixed · 2The National Football League filed an amicus brief on Thursday 8 October 2026 arguing that prediction markets such as Kalshi fall under sports gambling and should be regulated by states. 1 2 Mixed · 2The brief backs a petition from New Jersey, which is challenging a federal appeals court ruling that favoured Kalshi's position that federal commodities law overrides state gambling rules. 1 2 Mixed · 2The NFL said that on the opening Sunday of the season, $1.8 billion of a $3.3 billion total prediction-market volume, more than half, was tied to its games. 2 3

Right · 2The league wrote that "any delay from the Court will result in increasing consumer harm and risk to game integrity," and its concerns include insider information, such as a player deliberately dropping a pass or missing a kick. 1 3 Left · 1The brief says the Sixth and Ninth Circuits got it right in siding with states, while the Third Circuit ruled for Kalshi earlier this year; about 20 states are in litigation over prediction markets. 2 Left · 1The NFL also questioned the Commodity Futures Trading Commission's capacity, noting it has 543 staff covering many derivatives, and said its requests to bar certain wagers and raise the minimum age from 18 to 21 were rejected. 2

Mixed · 2Kalshi said the CFTC is actively policing sports markets, that its rulemaking addresses many NFL concerns, and that MLB, the NHL and others partner with it; it also said it tried to work with the NFL and got no reply. 2 3 Right · 1Polymarket said it shares the NFL's commitment to game integrity but prefers a harmonised federal framework to a "patchwork of disconnected state laws." 1 Right · 1The CFTC's public affairs director, Brooke Nethercott, said the NFL declined to sign a memorandum of understanding with the agency; an unnamed CFTC source said the brief aims at "regulating the regulator" and that NFL staff weeks ago said they were close to commercial deals with prediction market operators. An NFL source said the issue is game integrity and consumers, not opposition to prediction markets. 1

Mixed · 2On Wednesday Ohio filed a brief backing New Jersey, joined by a bipartisan coalition of 38 states; Breitbart describes the NFL as supporting New Jersey and 40 other states. Other leagues differ: the NHL, UFC, MLS and MLB have deals with prediction market sites, while the NFL, PGA and NBA have not. 2 3