The National Football League is pressing the Supreme Court to issue a definitive ruling on whether individual states should maintain control over sports betting. In an amicus brief supporting New Jersey regulators in their ongoing legal battle against Kalshi, the league argues that sports prediction contracts constitute illegal gambling rather than federally regulated financial swaps.
Defending game integrity and state sovereignty
The NFL emphasizes that prediction markets represent a massive volume of wagering activity, noting that football accounted for $1.8 billion in prediction market trading on the first Sunday of the season alone, representing over half of total volume. While the league maintains it is not fundamentally opposed to prediction markets, it contends that the Commodity Futures Trading Commission (CFTC) lacks adequate resources, making state-level regulation the appropriate path.
Commissioner Roger Goodell previously emphasized a cautious approach during a September 10 interview in Australia, stating that the league prefers patience over being first to market.
The core of the NFL’s concern centers on vulnerability to manipulation. Specifically, the league highlighted risks surrounding events such as missed field goals, intentional fumbles, injuries, and officiating details known in advance to insiders. Furthermore, the NFL objects to the 18-year-old age limit permitted on platforms like Kalshi, insisting that a 21-year-old minimum standard, consistent with standard state sports betting rules, must apply.
With federal appeals courts issuing split verdicts regarding whether state gambling laws can supersede federal regulators, the NFL’s brief asserts that Congress lacks the constitutional authority to override traditional state police powers over intrastate gambling.
Executive commentary and platform responses
Responding to the league’s legal filing, Kalshi spokesperson Elisabeth Diana defended the platform’s operations in a statement to CNBC:
“The CFTC’s ongoing rulemaking regarding prediction markets will address many of the NFL’s concerns, and the federal agency has the ability to police sports-related event contract markets.”
Diana also addressed outreach efforts toward the league, stating:
“We have consistently tried to engage proactively and constructively with the NFL to collaborate on market integrity with no response. We hope they change their position and start engaging to help ensure the integrity of sports.”
