TREE NEWS update: Kalshi CEO Tarek Mansour said the CFTC will issue new rules under Rule 40.11 within weeks or months, as New Jersey asks the Supreme Court to decide whether states can regulate sports betting on CFTC-registered exchanges. The Third and Ninth Circuits have split on the issue. Kalshi has 30 days to respond to New Jersey’s September 2 petition, after which the state may reply within 10 days.
Kalshi: CFTC to rewrite rules in weeks or months as NJ seeks Supreme Court review
The prospect of fresh CFTC rulemaking under Rule 40.11 signals a potentially decisive shift in how event contracts are vetted, which could reshape the compliance landscape for all registered exchanges. The Supreme Court petition introduces a jurisdictional fault line—whether state gambling laws can reach federally regulated markets—that threatens to fragment the industry if left unresolved. With a circuit split already in place, the Court's decision on whether to hear the case will be the first key signal. The timing of CFTC action relative to the Court's docket is the critical variable to watch.
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