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Ninth Circuit Court's Ruling on Prediction Markets May Lead to Supreme Court Battle

The Ninth Circuit Court of Appeals determined that contracts linked to sports events do not qualify as swaps, diverging from a previous ruling in the Third Circuit. This decision could prompt a major legal confrontation at the Supreme Court, according to CNBC Top News.

9/16/2026, 12:00:26 AM

The Ninth Circuit Court of Appeals has reached a significant decision regarding prediction markets, establishing that contracts associated with sports events should not be classified as swaps. This ruling contradicts an earlier decision made by the Third Circuit in April, which addressed similar regulatory concerns. The classification of prediction market contracts as swaps has implications for their regulation and legality in the U.S. financial landscape. By deeming these contracts distinct from swaps, the Ninth Circuit essentially opens the door for continued operation of prediction markets, which have gained traction over the years. This legal divergence between the Ninth and Third Circuits could set the stage for a showdown at the Supreme Court, as entities involved in prediction markets would likely seek clarity on the matter. Legal experts suggest that the Supreme Court may need to intervene to resolve the conflicting interpretations of financial regulations concerning these contracts. The ramifications of the Ninth Circuit's ruling extend beyond the immediate operation of prediction markets. If upheld, it may enable broader acceptance of similar markets that have gained popularity, particularly in entertainment and sports betting circles. Conversely, if the Supreme Court aligns with the Third Circuit's decision, it could significantly restrict the ability of these markets to operate under current regulatory frameworks. Industry stakeholders will be closely monitoring this evolving situation, as the potential for higher court involvement raises questions about the future of prediction markets in the United States. The outcome may also influence other sectors where similar financial contracts are prevalent, re-defining standard practices in the market.

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