NFL Tells Supreme Court That Prediction Markets Are Gambling
Jesse M. Cox Published 09/10/2026
The NFL has filed an amicus brief with the U.S. Supreme Court outlining its belief that prediction markets are gambling. It is the opinion of the NFL's legal team that these sites should be regulated by state gaming authorities. In doing so, the NFL is supporting the claim filed with the Supreme Court by New Jersey gambling regulators against prediction market site Kalshi.
The NFL is asking the Supreme Court justices to issue a speedy decision. This would settle once and for all the question of whether prediction market event contracts are federally regulated derivative swaps, as they claim, or illegal sports betting, as state gaming regulators proclaim.
The NFL is looking to the Supreme Court to provide a prediction market answer
Lawyers representing the NFL believe they know the answer to the question. It is their legal opinion that prediction market sports-event contracts are effectively gambling and should be regulated as such. In their amicus brief, they are calling upon the Supreme Court justices to render a decision that will once and for all settle this issue.
"We feel like we’re going to be right, and the best thing to do is be patient,” NFL Commissioner Roger Goodell said during a September 10 interview in Australia, according to reporting by CNBC.
The NFL argues in its brief that since prediction market sports-event contracts are gambling, these contracts should be state-regulated. And that regulation should be applied by the same state gaming authorities that already regulate sports betting.
“It is well established, however, that regulating gambling is among states’ sovereign police powers,” states the NFL’s brief. “What constitutional power allows Congress to override states’ traditional police powers to regulate intrastate gambling?”
Overall, the NFL is not opposed to the existence of prediction markets. The league simply believes that these sites should be state-regulated.
“In the end, we believe that given the current resource constraints of the CFTC, this is a job better left to the states,” the league told CNBC.
Legal age to play prediction markets is another contentious issue
Another concern the NFL is expressing about prediction markets is the legal age to play on these sites. You only need to be 18 years old. In the vast majority of states, the legal betting age is 21.
“Neither the CFTC nor the prediction market companies themselves— despite our persistent urging — have banned categories of bets susceptible to manipulation or set a 21 age limit," reads the NFL's brief.
The NFL also finds some of the sports-event contracts' potential outcomes to be ones that could easily be manipulated. Specific contracts were cited by the league. They include whether a kicker misses or makes a field goal, or if a pass will be completed or fall incomplete.
The NFL isn't interested in partnering with prediction markets
The other major North American sports have moved quickly to form partnerships with prediction markets. NBA superstar LeBron James is a brand ambassador for Polymarket. MLB teams such as the Los Angeles Dodgers and Boston Red Sox have sponsorship deals with prediction markets. Several NHL teams have done likewise.
The NFL, though, has chosen abstention from prediction markets. This is even though estimates are that $1.8 billion was played on the NFL at prediction market sites during Week 1 of the 2026 season.
“We don’t feel like we have to be the first in this," Goodell said.
A spokesperson for Kalshi admitted they have been stonewalled by the NFL.
“We have consistently tried to engage proactively and constructively with the NFL to collaborate on market integrity with no response,” Kalshi spokesperson Elisabeth Diana said. “We hope they change their position and start engaging to help ensure the integrity of sports.”