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points by pr337h4m 5 days ago | 0 comments

Nobody should ever be threatened with prison time because of a jurisdictional dispute between federal and state governments. That's antithetical to the rule of law, regardless of the specifics of the law or the jurisdictional dispute.

[–] nilamo 5 days ago

Creating a company with the intent to circumvent the law is definitely something that should be punishable with stricter measures than simply breaking the law directly.

[–] kube-system 5 days ago

States have the right to enforce gambling laws, even if the defendant calls it something else.

[–] Miner49er 5 days ago

Do they?

If the federal government says it's not gambling, then does a state get to say it is?

States can't just override federal law with their own laws.

[–] kube-system 4 days ago

Federal law doesn't always preempt state law, preemption is only applied in certain cases. Given that gambling is traditionally the domain of states to regulate, Kalshi's argument is really dependent on this being "not gambling".

Given that their primary business is literally sports betting -- it's going to be a tough battle.

The only reason it has gone this far is that the current admin's family is personally invested in this bullshit.

[–] Frieren 5 days ago

It is the same argument that a "sovereign citizen". The "I do not recognize your law" kind of stupidity. The only reason they have not been long in prison is corruption at the highest level at the White House.

[–] dozerly 5 days ago

They allegedly knowingly broke state law, how can state law exist if it was just always going to be overruled by federal jurisdiction?

[–] miltonlost 5 days ago

They're being threatened with prion time because they broke state law. That the federal government is looking one way while states another is not the cause of the jail time threat.

[–] triceratops 5 days ago

> prion time

In addition to being utterly terrifying, this would fall afoul of the "cruel and unusual punishments" thing /s

(What a typo)

[–] freejazz 5 days ago

Yeah thats what drug traffickers who are also facing murder charges say...

[–] ImJamal 5 days ago

They should be thrown in prison for knowingly violating a law. Trying to play a semantics game (prediction market vs gambling) to get out of it is just scummy. Everybody knows it is gambling.