Prediction markets are caught in a federal-state power struggle. The Department of Justice just sued Minnesota to overturn its ban on platforms like Kalshi and Polymarket, arguing they fall under the exclusive domain of the Commodity Futures Trading Commission.
Saagar Enjeti expects the Supreme Court to side with the DOJ, which could make such gambling legal in all 50 states. The DOJ’s push aligns with the CFTC’s parallel lawsuits against Republican-led states like Arizona and Illinois. On Breaking Points, Krystal Ball argued the administration is clearing a path for a sector where Trump’s allies have personal investments.
"The Trump administration’s DOJ sued Minnesota, arguing the state ban unlawfully criminalizes derivatives contracts and constitutes a federal overreach."
- Breaking Points
Enforcement is escalating alongside the regulatory fight. Federal prosecutors charged Google software engineer Michael Spagnuolo for allegedly using confidential search data to place $2.7 million in bets on Polymarket. He faces up to 50 years. House Oversight Chair James Comer has also launched a probe, demanding documents from Polymarket and Kalshi after reports of government insiders profiting from bets on U.S. military strikes in Iran and Venezuela.
Economist Robin Hanson, on the a16z Podcast, sees this as a modern temperance movement, where regulation follows what the public finds least respectable. He argues that if society shuts down the “fun” markets on sports and politics, it loses the infrastructure needed for more serious forecasting tools.
"Minnesota passed a law making it a felony to operate or advertise a prediction market."
- Robin Hanson, The a16z Show
The pressure is structural. With Polymarket handling $3.7 billion in monthly volume, it’s now a systemic actor Washington is determined to control, whether by bringing it under a federal framework or policing it for insider abuse.

