Wednesday, October 14, 2026

All Signs Point to Trump Admin OK’ing Kalshi’s Sports Contracts

State regulators want to rein in Kalshi’s sports “prediction” offerings, but all signs are pointing to the Trump administration siding with the exchange platform. A legal battle will likely ensue.

Potawatomi Sportsbook patrons watch the University of Wisconsin men play UCLA on Friday, March 14, 2025. The venue is open for the first time during March Madness and is expecting to be busy over the next few weeks in Milwaukee.
Angela Peterson/Imagn Images

Want more from Front Office Sports
in your search results?

Add Front Office Sports on Google

Kalshi started in 2018 as an exchange platform where users could trade on macro-economic events like inflation or whether the government might shut down. However, the company has recently attracted more attention—and controversy—over its sports “prediction” offerings, which some states view as too similar to sports betting. 

But evidence suggests the Trump administration is on team Kalshi, setting up a future legal showdown over whether states or the federal government have the power to regulate prediction markets that offer sports contracts.

Regulators in at least Nevada, New Jersey, Massachusetts, and Ohio have tried to stop Kalshi from offering sports event contracts. Kalshi argues that although event contracts look a lot like sports betting, they are not. Users can put money on everything from which team will win the “pro men’s basketball championship”—the current favorites are the Oklahoma City Thunder and Boston Celtics—to who will win the Masters Tournament, with Scottie Scheffler and Rory McIlroy as the frontrunners.

“It’s just word play,” Robert Walker, director of operations at ARMS, which helps retail sportsbooks manage potential risks to their business, tells Front Office Sports. 

“Basically sounds to me like lawyers are making millions by changing some verbiage,” says Walker, who for more than a decade was the sportsbook director for MGM Mirage’s Las Vegas casinos. “I don’t think they can distinguish their offerings from sports betting.”

Under normal circumstances, a company like Kalshi might be anxiously biting its nails as more states add to the pile of pushback. But Kalshi has friends in important places, including Donald Trump Jr., the president’s eldest son, who last year was announced as a strategic advisor to the company. Brian Quintenz, a former commissioner at the Commodities Futures Trading Commission who was later on the Kalshi board, is nominated by President Trump to be the CFTC’s next chair.

The CFTC said in February it was planning a roundtable, which is still not yet on the calendar, on this subject, with the aim of developing a “robust administrative record” that will inform its “approach to regulation and oversight of prediction markets, including sports-related event contracts.” 

But Daniel Wallach, a U.S. gaming law and sports betting attorney who leads the law firm Wallach Legal LLC, believes the roundtable “is all for show,” and that the “preordained result” will be Kalshi’s sports contracts getting a green light from the federal government. 

‘On Our Way to a Heavyweight Court Battle’

On social media, Wallach highlighted comments that have been made by Quintenz, as well as some from acting CFTC chairman Caroline Pham, which essentially state their opinion that all events are commodities, and therefore contracts on future events are all commodity futures contracts. In particular, Wallach noted comments Quintenz made back in 2021, when he insisted that NFL games are a commodity and said it would be unconstitutional not to approve the offering of event contracts based on the outcomes of sporting events.

In Wallach’s view, this all but guarantees that “event contracts based on sporting event outcomes will be approved by this CFTC.”

“I think we’re well on our way to a heavyweight court battle between the federal government and states and tribes over whether a federal agency, rather than Congress, can open the floodgates for the nationwide expansion of sports betting in all 50 states in one fell swoop through a mere agency rulemaking process,” he tells FOS. 

If that does occur, it would essentially usurp state regulation over sports betting, which is a power that has historically been in the hands of the states, he explains. The legalization of sports betting is tied to a 2018 U.S. Supreme Court decision striking down the Professional and Amateur Sports Protection Act. In the years since that ruling, sports betting has become normalized in the U.S., and as of today, 39 states and Washington, D.C., have legalized some sort of sports betting.

When it comes to the eventual court fight, there are two very important Supreme Court decisions that could come into play. First, in 1984’s Chevron USA Inc. v. Natural Resources Defense Council Inc., the court issued a landmark decision establishing the principle of Chevron deference, which means that when a law is ambiguous, courts should defer to a government agency’s interpretation of the law, as long as it’s reasonable. 

In 2023, however, the court issued a split decision in Loper Bright Enterprises v. Raimondo, with the majority leaning toward reaffirming Chevron, but signaling that they may revisit the doctrine in the future. So while it didn’t overturn Chevron, it opened the door for future reconsideration.

“As a result, federal courts no longer give deference to agency interpretations of federal statutes,” Wallach says. “So, while incoming CFTC Chair Quintenz may wish to equate football with a commodity, it is the federal courts which will have the final word here.”

Representatives for the White House, the CFTC, and Kalshi did not immediately respond to a request for comment Thursday.

Download the FOS App

The business of sports, in your pocket.

QR code to download the app

Scan the QR code to get the app now.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Sep 12, 2026; Baton Rouge, Louisiana, USA; LSU Tigers head coach Lane Kiffin reacts to an intercept by Louisiana Tech Bulldogs during the first half at Tiger Stadium. Mandatory Credit: Stephen Lew-Imagn Images

Oxford Bulking Up Police Presence for Lane Kiffin’s Return

Ole Miss coach Pete Golden asked fans to be rowdy but respectful.

Robert Kraft Confirms He Blocked Macklemore From Gillette Shows

The rapper’s performances in New Jersey featured pro-Palestinian messaging.

Stephen A. Smith: McAfee Has a ‘Different Set of Rules’ at ESPN

Smith signed a nine-figure contract with ESPN last year.
Adam Silver, NBA commissioner, attends the annual Allen and Co. Sun Valley Media and Technology Conference at the Sun Valley Resort in Sun Valley, Idaho, U.S., July 7, 2026.

Clippers Controversy Hangs Over NBA Board of Governors Meeting

Adam Silver is expected to hold a press conference Tuesday.
podcast thumbnail mobile
Front Office Sports Today

10/14/26 – Live From FOS’s Tuned In: Chris Berman on NFL’s 18-Game Push, Pablo Torre Says He’s Investigating LeBron’s Chopper, and More

0:00

Featured Today

Oct 4, 2025; Tempe, AZ, USA; General action during the first period of the game between the Arizona State Sun Devils and the Penn State Nittany Lions at Mullett Arena

How Military-Style Workouts in College Sports Get Dangerous

For elite athletes, high-intensity training can be “very appealing.”
September 6, 2026

Is Carolyn Tisch Blodgett the Future Face of Giants Ownership?

Amid changes at top of Giants ownership, eyes are on Tisch Blodgett.
September 4, 2026

Wild Transfer Window Shows How Premier League Towers Over Soccer

Spending in England vastly outstripped the rest of Europe.
September 3, 2026

Teams Are Spending Millions to Build Luxury Locker Rooms

It’s a recruiting pitch, a retention tool, and a seven-figure line item.
September 1, 2026

High School Football Sidelines Are Clogged With Content Creators

Administrators call these amateur newcomers the “pajama paparazzi.”

Female Athletes Rail Against Sydney Sweeney Nude Novig Ad

Pro and amateur female athletes say the spot sexualizes women in sports.
September 9, 2026

Prediction Market Ad Blitz Gets Backlash

Platforms are trying to capitalize on the start of the NFL season.
September 10, 2026

Novig CEO: Sydney Sweeney Ad Puts Us in ‘National Discourse’

Sweeney got equity in the company, and the racy ad went viral.
Sponsored

Drew Weatherford’s Bet on the Youth Sports Economy

Drew Weatherford discusses investing across the youth, college and professional levels.
LeBron James acknowledges the crowd's reaction as he takes the stage for the I PROMISE Family Reunion event to welcome him home on Friday at InfoCision Stadium in Akron. The event was hosted by the LeBron James Family Foundation.
September 5, 2026

LeBron James Jumps to Polymarket From DraftKings

His endorsement deal with DraftKings expired earlier this summer.
First at FOS
September 3, 2026

Three Big Tennis Tournaments Are in Prediction-Market Talks

Players are not allowed to partner with betting operators.
Aug 13, 2026; Metairie, LA, USA; Detailed view of the NFL logo on the football during a joint scrimmage between the New Orleans Saints and the Jacksonville Jaguars during at Ochsner Sports Performance Center
August 27, 2026

NFL Won’t Reach Prediction-Market Deals Before Start of Season

“I would be incredibly shocked if anything at all happens this season.”
Sports are shown on TVs behind a bar as guests enjoy the grand opening of DraftKings Sports & Social in Ohio.
August 7, 2026

DraftKings, FanDuel Downplay Prediction-Market Cannibalization

Traditional sportsbooks have a new set of competitors.