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The CFTC’s move also comes as other US regulators continue to craft their own crypto policies. The agency and the Securities and Exchange Commission (SEC) jointly issued an interpretation in March on how certain crypto assets would be treated under federal securities laws.
A lot of bigger questions remain without the CLARITY Act. The bill aimed to establish a federal framework for digital commodities and delineate the roles of the SEC and the CFTC.
Its failure also leaves unresolved disputes over prediction markets and state and tribal gaming authorities, outside a comprehensive congressional framework. Those issues took on new significance during Senate floor debate over the bill, as concerns about federal commodities oversight extended to markets typically regulated at the state or tribal level.
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Potentially boding well for the Macquarie forecast are at least two factors. First, there are signs of turnover increases across a variety of yes/no exchanges. Second, volume surged to start September with those spikes arriving even before the NFL season kicked off.
As Macquarie analyst Chad Beynon points out, prediction markets generated $4.3 billion in taker volume during the first week of September without any help from the NFL, building on momentum from the 2026 World Cup. However, the NFL’s impact was immediate, with taker volume hitting a daily record during Week 1 of the campaign.
With all that in mind, it’s not surprising that Macquarie expects sports event contracts will drive approximately 80% of taker volume this year, but Beynon sees other categories growing over the long term.
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The arguments came as Scotts Valley asked US District Judge Trevor McFadden to issue a preliminary injunction blocking Interior’s July 30 decision. The outcome of the dispute directly threatens the tribe’s much larger ambition for the site: a proposed $700 million casino resort and hotel.
Under IGRA, gaming is generally prohibited on land taken into trust after 1988 unless it qualifies under specific exceptions. Scotts Valley claims its Vallejo property falls under the “restored lands” exception for federally recognized tribes.
While Interior agreed that Scotts Valley met requirements regarding its modern ties to the area and the timing of the acquisition, the department ultimately concluded the tribe failed to demonstrate a sufficiently significant historical connection to the land.