points by yieldcrv 1 day ago | 0 comments
Ninth circuit case, second circuit case, and third circuit case are all different outcomes because they are judging state laws in federal courts, different states within their respective circuit
I think Nevada’s and Arkansas was also mentioned - I guess Arkansas is in the fifth circuit - those are more comprehensive and broad than New Jersey’s in the third circuit
Ultimately I expect Kalshi will have the swaps treatment reaffirmed, and the supremacy clause will override most of the state laws
But for Nevada and Arkansas residents it will be unworkable, and they will just block some forms of bets for residents in those states
[–] kube-system 1 day ago
[–] yieldcrv 1 day ago
otherwise Democrats are still without power to unilaterally pass laws
have there been any proposals to deal with this? bills that didnt make it out of committee?
something as simple as adding some contracts to the ban in the onion futures act I think is a mistake
[–] kube-system 1 day ago
[–] 15155 1 day ago
Of all of the ridiculous things that qualify as interstate commerce: prediction, futures, and derivatives markets are squarely within the definition.
[–] JumpCrisscross 1 day ago
The CFTC relied on rules about exempted commodities to grant itself the power to license the likes of Kalshi. The question is whether that’s a major question.
[–] kube-system 1 day ago
The question at hand here isn’t either of our points. The question is whether or not prediction markets are gambling with lipstick on.
[–] yieldcrv 1 day ago
when federal law is completely absent, states have the right to behave however they want, thats the 10th amendment
federal law is not absent, state laws are curbed, in its simplest interpretation
[–] 15155 1 day ago
[–] kube-system 1 day ago
[–] krapp 1 day ago
If we're stuck with endemic gun violence because of an 18th century definition of "well regulated militia" then there's no way a purely online marketplace counts as interstate commerce. How do you fit that on a horse, exactly?
[–] 15155 1 day ago
Okay, so digital marketplaces aren't interstate commerce? Try again. Insurance markets? In what reality is "commerce" defined as exclusively-physical goods?
> well regulated militia
Anyone that spouts this immediately signals their lack of English knowledge, law insight, etc. Even RBG didn't attempt this argument because it's literally, obviously invalid.
[–] krapp 1 day ago
The reality of pre-industrial America circa the writing of the Constitution, which we have decided defines the limit of interpreting the language in that document.
If we're going to do that with guns we should be consistent and do that with everything. Non-physical goods didn't exist back then, the founders didn't know what an internet was, therefore online "commerce" doesn't exist as far as the constitution is concerned.
>Anyone that spouts this immediately signals their lack of English knowledge, law insight, etc. Even RBG didn't attempt this argument because it's literally incorrect.
And yet, DC vs. Heller.
[–] yieldcrv 1 day ago
so thats easy to square.
good news, the current Supreme Court has expressed interest in re-evaluating the New Deal era interpretations of the interstate commerce clause, in a way that could completely obliterate the Federal state and all of its agencies of the last 100 years
“omg I love SCOTUS now?”