Ohio Attorney General Andy Wilson led the coalition, which filed its amicus brief on October 7, 2026, in New Jersey’s case against Kalshi. The main question is whether sports event contracts count as swaps, which are a type of financial contract under CFTC control, or as gambling that states can regulate.
The document stated:
“The prediction markets are wrong. They cannot strip the States of their core sovereign power through relabeling and window-dressing. Our constitutional structure is much more durable than that. And the promise of federalism ensures that States do not lose their ability to protect their citizens so easily.”
The states argue that a win for Kalshi would limit their power to apply licensing rules, age limits, and consumer protections to these contracts. Wilson additionally said that traditionally, it was the states that held power over sports gambling. On the other hand, Kalshi stresses that its contracts are regulated financial products, with the CFTC having supported the company in court.
The NFL also filed a brief supporting the states, warning that billions will be bet on its games through prediction markets each season and that delay raises risks to game integrity. Dayton Daily News notes that MLB and the NHL have sided with the platforms.
