NFL Tells Supreme Court Sports Prediction Contracts Are Gambling

The NFL urged the Supreme Court to treat sports prediction contracts as gambling and allow states to regulate them, a position that challenges Kalshi’s federally focused market model.

In an amicus brief supporting New Jersey regulators, the league argued that contracts tied to football outcomes resemble sports betting rather than financial swaps governed exclusively by the Commodity Futures Trading Commission (CFTC).

The NFL said football generated $1.8 billion in prediction market trading on the first Sunday of the season, accounting for more than half of all volume. The league also raised concerns about contracts involving field goals, fumbles, injuries and officiating, where participants could potentially have information before the public.

The NFL is seeking a minimum bettor age of 21, while Kalshi allows customers as young as 18. It also wants categories of contracts vulnerable to manipulation restricted.

The dispute comes as federal appeals courts have reached conflicting conclusions about whether states may enforce gambling laws against prediction markets. The Supreme Court’s handling of the case will help determine whether states or federal regulators have primary authority over sports-related contracts.