The District of Columbia U.S. Court of Appeals has issued a stay on a federal judge’s ruling from September 6th, which had allowed a New York-based startup to legally offer betting on the outcomes of the 2024 elections on a regulated gambling platform within the United States.
However, it is expected that the stay will be lifted before the November elections, possibly as early as September 16th.
The startup, called Kalshi, challenged the court order in a lawsuit that resulted in Judge Cobb’s initial ruling.
In her ruling on September 6th, Judge Cobb stated that it is not the role of Wall Street regulators to define prohibited gambling activities. Additionally, in her denial of the subsequent motion for a stay by the Commodity Futures Trading Commission (CFTC) on September 12th, she mentioned that Kalshi should be allowed to proceed if the commission chooses to appeal.
Kalshi provides a platform for traders to bet on the outcomes of various events, such as future inflation rates or the possibility of ASAP Rocky releasing a chart-topping album this year.
This new market would enable different players, including hedge funds, to place bets of up to $100 million on which political party would gain control of Capitol Hill.
In seeking the stay from the District of Columbia Circuit Court of Appeals, the CFTC argued that Kalshi’s elections market needed to be urgently shut down, citing concerns about potential manipulation of election markets and threats to election integrity.
Prior to the reversal, Tarek Mansour, co-founder of Kalshi, expressed his view that Judge Cobb’s ruling was a historic moment for the company. He stated, “The Kalshi community has just made history, and I believe we are only at the beginning. Now is the time to demonstrate to the world the power of our markets in providing signals amidst the noise and uncovering the truth about the future.”
Supporters of prediction markets argue that they are not purely forms of gambling but rather predictive sciences that can serve as valuable tools for gauging voter sentiment.
Political wagering has been popular in the United Kingdom since the 1960s and was prevalent during the early days of the American republic. According to Krishnamurty, a political betting expert, these bets tend to be more accurate than opinion polls in determining Election Day results. He also suggests that predictive sciences could potentially lead to better governance by enabling predictions about the future.
Moreover, betting markets offer real-time trackable results, providing a faster feedback mechanism compared to traditional polling methods. This makes them a valuable resource for keeping up with the latest news and developments in the political landscape.
Krishnamurty further argues for the credibility of betting markets, as individuals are backing their beliefs with their own money. He highlights that expert opinions and polling can often be unreliable, and it is more insightful to observe the fluctuations in prices within the betting market.
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