Kalshi can continue to operate in Nevada after a judge's ruling; plus a look at the legal landscape ahead for states vs. Kalshi's sports offering from Goodwin Procter’s Andrew Kim
Perhaps. However, if IGRA, especially Class II, then the CFTC is itself pre-empted. CFTC has no primary sovereign authority over Tribal Sovereignty looking at recent SCOTUS decisions. In California, that sits under the state Constitution, and one wonders how you get in a post Chevron Murphy world to how California is pre-empted.
Perhaps. However, if IGRA, especially Class II, then the CFTC is itself pre-empted. CFTC has no primary sovereign authority over Tribal Sovereignty looking at recent SCOTUS decisions. In California, that sits under the state Constitution, and one wonders how you get in a post Chevron Murphy world to how California is pre-empted.
I have to imagine an IGRA challenge is coming if the CFTC continues to green light everything