9th Circuit sides with states in Kalshi gambling fight

Post by [deleted] » Sat, Aug 29, 2026, 5:07 AM UTC

reliabilityguy wrote: post #77

vkou wrote: post #56

Earlier quoted context omitted.

> It doesn’t fully explain why Congress has allowed the expansion of executive power for nearly a century, resulting in more and more major issues being pushed to the Supreme Court. It's because the US is a presidential republic with no concept of a non-confidence vote. This makes the sitting head of the party ~impossible to remove, and when government fails to reach consensus, instead of... Having an election, and l…

I am not sure a vote of non-confidence would have helped here — there are only two parties.

Post by jubilanti » Sat, Aug 29, 2026, 5:13 AM UTC

delichon wrote: post #8

> As an example, the court explained that whether the Super Bowl happens is an “occurrence,” but who wins it is not. This level of parsing looks like judicial legislation to me. Isn't it one occurrence if the Rams win and another if the Packers win? Better that they declare the law void for vagueness and give the legislature another shot at it. Guessing what the words mean, when it is not at all clear to professional…

Post by runako » Sat, Aug 29, 2026, 5:15 AM UTC

highfrequency wrote: post #53

runako wrote: post #48

Earlier quoted context omitted.

> Kalshi is just hoping to be treated like Uber was. This is not a bad strategy for a company in our asymmetric regulatory environment. Fortunes were made in crypto on exactly this one-way bet. Go on breaking the law until you get a favorable judge/Congress. Nobody is going to jail (we don't really do that anymore), you might pay a fine. Every once in a while you'll have change the app a little to sort of comply with…

> Go on breaking the law until you get a favorable judge/Congress. Nobody is going to jail (we don't really do that anymore), you might pay a fine. Binance, FTX, BitMex, Silk Road founders all went to jail - it’s a huge coin flip.

Post by expel5631 » Sat, Aug 29, 2026, 5:23 AM UTC

DannyBee wrote: post #19

Lawyer here - As i explained last time we had a variant of this thread (see comment history if you are interested), this is a very complicated area that people try to make very simple. It doesn't have to be complicated, mind you, but right now the way the law is written is basically: 1. Transmitting sports betting info between states is a federal crime unless it's legal in both states (18 U.S.C. § 1084(a)) 2. The CEA…

Post by khriss » Sat, Aug 29, 2026, 5:40 AM UTC

combobyte wrote: post #17

jareklupinski wrote: post #11

Earlier quoted context omitted.

> companies need to pay 40-50% of their gross revenue to the government. That's comparable to tobacco. taxing a vice is worth it on paper, but the second-order effects (nonstop alcohol ads, pervasive gambling app dark patterns) aren't worth it imo

When was the last time you saw an ad for cigarettes? Those second-order effects are easy to mitigate with sensible public policy. And it's not like we have to invent the solution from scratch — we've done it before, very effectively.