SUMMARYA federal judge blocked Minnesota from enforcing a new law that would have banned prediction markets, issuing a preliminary injunction days before the August 1 effective date. The ruling found the state’s total ban is likely preempted by federal law because some Kalshi and Polymarket event contracts may qualify as swaps under Commodity Exchange Act rules, though Minnesota may still be able to restrict certain wagers.
An anonymous reader quotes a report from Ars Technica: Minnesota, the first US state to prohibit prediction markets, was prevented from enforcing the law by a federal court ruling just days before the ban was scheduled to take effect. But while Minnesota was stopped from enforcing a total ban, the state may ultimately be allowed to prohibit some types of prediction-market wagers. The Trump administration and the two largest prediction markets -- Kalshi and Polymarket -- sued Minnesota after the state enacted the law in May. The cases were consolidated, and a ruling (PDF) issued yesterday imposed a preliminary injunction blocking the law that was scheduled to take effect on August 1.
Minnesota lawmakers saw prediction markets as indistinguishable from gambling, but the US Commodity Futures Trading Commission (CFTC) argues it has exclusive authority to regulate the platforms under federal law. One of the primary legal questions is whether event contracts are "swaps," which are regulated by the CFTC. Swaps are defined broadly in US law to include contracts in which payment "is dependent on the occurrence, nonoccurrence, or the extent of the occurrence of an event or contingency associated with a potential financial, economic, or commercial consequence." US District Judge Katherine Menendez in the District of Minnesota, a Biden appointee, said Minnesota's total ban on prediction markets is likely to violate US law because many trades on Kalshi and Polymarket are swaps.
Menendez wrote: "Specifically, it appears that whether the Minnesota statute is expressly preempted turns on whether the state law attempts to regulate trades in event contracts that qualify as "swaps" within the meaning of the CEA [Commodity Exchange Act]. And there are several examples of event contracts hosted by Kalshi and Polymarket US that fit that definition because they concern the occurrence of events with clear potential economic, financial, or commercial consequences that are neither remote or unattenuated. Kalshi and Polymarket US are designated contract markets, so the CFTC has exclusive jurisdiction to regulate transactions involving those 'swaps.'"
Menendez said the CFTC, Kalshi, and Polymarket met their burden of showing they are likely to succeed on the merits, so she issued "a preliminary injunction barring enforcement of Minnesota's prediction market statute until a final decision on the merits is reached." But she said Minnesota may be able to prohibit some types of event contracts offered on Kalshi and Polymarket because not all of them appear to meet the definition of swaps. For example, Menendez doesn't think prediction-market bets on the outcome of Love Island USA meet the legal definition of swaps. Minnesota could continue litigating the case in district court or ask a federal appeals court to overturn the preliminary injunction.