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points by rconti 5 days ago | 0 comments
I agree, this needs to be decided by the court. But it's not really an issue of a state law trying to supersede a federal law. It's a state law superceding the authority a _regulator_ believes it has.

Kalshi has a serious uphill battle here. As the Judge said in granting Utah's motion and delying Kalshi's motion for a preliminary injunction:

> Shelby determined the text of US law makes it clear that state regulation is not forbidden. US law states that CFTC jurisdiction does not “supersede or limit the jurisdiction conferred on courts of the United States or any State,” and “explicitly provides for State regulation of its gaming laws in all but a few specified cases,” he wrote.

> “Congress is aware that some States permit gambling while others do not, and the CEA explicitly provides for State jurisdiction,” Shelby wrote.

[–] jaredklewis 4 days ago
Right but the CFTC is saying their authority is based in federal law.

Judge Shelby’s interpretation quoted above seems in conflict with how the 3rd circuit ruled in Kalshiex v. Flaherty, which is why I think the law is not entirely clear yet. I would be surprised if SCOTUS eventually weighs in

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