Tuesday, November 10, 2026

Why the Future of Sports Prediction Markets Hangs in the Balance

The long-term viability of sports event contracts offered by prediction markets may come down to politics.

April 23, 2024; Washington, D.C., USA; Exterior view of the U.S. Supreme Court as the court hears oral arguments on April 23, 2024, in a challenge by Starbucks to a judicial decision that required the coffee chain to rehire seven employees at one of its cafes in Memphis, Tennessee who a federal agency determined were fired for supporting unionization.
Megan Smith-Imagn Images

Want more from Front Office Sports
in your search results?

Add Front Office Sports on Google

The momentum of prediction markets cannot be denied, and the issue of whether sports event contracts constitute illegal sports betting is expected to reach the U.S. Supreme Court. But continued growth is not guaranteed and could be disrupted by changing political winds.

The industry’s explosive growth in 2025 led traditional sports betting giants like FanDuel and DraftKings to enter prediction markets, while Underdog completely changed its business model. Elsewhere, Robinhood is teaming up with trading firm Susquehanna International Group to bolster its prediction-market product. And Crypto.com recently announced a new platform called OG that will allow for margin trading—which allows users to trade using more money than they have available by borrowing.

Plus, Kalshi and Polymarket, which each raised billions of dollars last year, are reportedly in talks with investors to raise more money at valuations of $20 billion.

If history is any indication, the increasingly crowded field will eventually get whittled down, according to data presented by Bank of America during a Monday panel at Next.io’s New York summit on sports betting and prediction markets. In traditional sports betting, there were once roughly 16 operators in the U.S.; today, there are about 8. Of the original operators, 10 were shut down or exited the U.S., and two—DrafKings and FanDuel—hold up to 80% of market share.

‘It Could Go Away in One Fell Swoop’

Even as the number of operators eventually shrinks, the long-term viability of sports event contracts offered by prediction markets may come down to politics, according to Rob Schwartz, a former general counsel at the Commodity Futures Trading Commission who now works for law firm Morgan Lewis.

If a Democratic candidate wins the presidency in 2028, they could reverse course on sports prediction markets without too much trouble, he said during a separate Monday panel.

“Be careful what you’ve wished for,” Schwartz said. “It could go away in one fell swoop.”

The Trump Administration has been very favorable to prediction markets. President Donald Trump’s social media company, Truth Social, plans to launch its own prediction-market platform, and his son, Donald Trump Jr., is an investor in Polymarket and an advisor to Kalshi. Michael Selig, the new chairman of the CFTC, has made clear he supports the industry, and the agency under his watch will get involved in ongoing lawsuits involving prediction-market platforms.

For the moment, with the federal government on their side, platforms have significant runway to grow. This explains why companies like DraftKings and FanDuel got into the game. Traditional sports betting is regulated on a state-by-state basis, and those and other companies have historically had to obtain expensive licenses to lawfully operate in a given state. Meanwhile, shares of DraftKings and FanDuel have been getting hammered, something that can be attributed—at least in part—to competition from the likes of Kalshi and Polymarket.

Josh Kirschner, a partner at law firm Nelson Mullins, said during the legal panel that the behavior of regulated sports betting companies is the “best indicator of what private market operators believe to be occurring and what will occur.” He was referring to the fact that traditional sports betting companies like DraftKings and FanDuel have been diving into prediction markets headfirst, seemingly without concern about potential consequences.

“There is no immediate consequence for joining this fray,” he said. “Ultimately, if they need to pull back, they will pull back.”

The Specter of the Supreme Court

A different political party in power isn’t the only way the advance of prediction markets might stall. The administration doesn’t control the Supreme Court, as evidenced by its recent ruling against Trump’s tariffs, although presidents can have a meaningful impact on the direction of the court. 

With more than 20 lawsuits winding through the U.S. court system, legal experts believe the issue of sports event contracts will eventually reach the Supreme Court. Andrew Kim, a partner at law firm Goodwin who moderated the session, asked the other two panelists when this will get to the Supreme Court and where the court will land.

“Anybody who tells you they know where this is going to come out is pretty much full of shit,” Schwartz said. “It’s not knowable. They have no idea.”

Kirschner echoed Schwartz’s sentiments. 

“If I knew the answer, I wouldn’t be here,” he said. “I’d be cashing checks from Kalshi for millions and millions of dollars and you’d never hear from me again.”

Download the FOS App

The business of sports, in your pocket.

QR code to download the app

Scan the QR code to get the app now.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Feb 10, 2022; Los Angeles, CA, USA; Dianna Russini appears on the red carpet prior to the NFL Honors awards presentation at YouTube Theater. Mandatory Credit:

10 Burning Questions About Dianna Russini’s Sports Media Comeback

Plenty of questions remain ahead of Russini’s upcoming return.

Tennessee Men’s Basketball Players Propose CBA

The agreement isn’t finalized but serves as a model for future negotiations.

‘We Believe in Sports’: Skydance Combining HBO Max, Paramount+

Those services have rights to the NFL, MLB, NHL, NASCAR, and more.

Terrell Owens Served Defamation Suit at Amazon Documentary Event

Owens had been evading service. A video of him being served went viral.
podcast thumbnail mobile
Front Office Sports Today

11/10/26 – NFL Trade Deadline Day, Russini Speaks, CFP Doubles to 24

0:00

Featured Today

Can MLS Capitalize on Son-Mania?

Korea and Tottenham fans alike have flocked to LAFC’s away matches.
Pickering High School North
November 4, 2026

High School Athletic Directors Say They’re Running ‘Mini Colleges’

ADs are managing a growing list of demands from athletes and parents.
October 30, 2026

How Injuries Hit Pro Marathoners in the Wallet

Staying healthy can get expensive—quickly.
Football - NFL - Houston Texans v Jacksonville Jaguars - Wembley Stadium, London, Britain - October 18, 2026 The necklace of a Jacksonville Jaguars fan outside the stadium before the match
October 21, 2026

Die-Hard Sports Fandom Has Reached the Afterlife

Will fans pay $6,000 to memorialize their team loyalty?
October 20, 2026

Why Europe Is Pumping Out NBA Superstars

The NBA and NCAA have an increasingly European flavor.
Kalshi's logo is displayed on a smartphone placed on a reflective surface onto which a betting curve is projected in Creteil, France, on March 9, 2026, during a major scandal and a $54 million lawsuit concerning bets related to recent strikes in Iran. (Photo by Samuel Boivin/NurPhoto)NO USE FRANCE

Kalshi’s Tribal Deal Faces Legal Challenge Amid Leadership Dispute

“We expect the case to be dismissed,” one of the defendants told FOS.
First at FOS
November 6, 2026

DraftKings Cut More Jobs Ahead of Q3 Earnings

It’s at least the third round of layoffs for DraftKings this year.
The ESPN logo is seen on an electronic display in Times Square in New York City, U.S., August 23, 2017. REUTERS/Mike Segar
Exclusive
November 6, 2026

ESPN Warns Talent About Insider Betting on Prediction Markets

The guidelines were sent to on-camera talent at the end of October.
Sponsored

How Jeremy Bloom Is Reinventing the X Games

Jeremy Bloom discusses transforming the X Games into a global brand.
Fanduel logo appears in this illustration taken April 22, 2026.
November 4, 2026

FanDuel’s U.S. Revenue Is Bright Spot As Overall Earnings Miss

Flutter Entertainment cut its full-year revenue guidance by $300 million.
Fanduel logo appears in this illustration taken April 22, 2026.
Exclusive
November 2, 2026

FanDuel Interim CEO Set to Take Job Permanently

The new CEO has been with FanDuel for nearly 12 years.
CEO of Kalshi Tarek Mansour speaks during the FIA Global Cleared Markets Conference Boca 2026, in Boca Raton, Florida, U.S., March 10, 2026.
October 29, 2026

Utah Escalates Kalshi Fight With Felony Charges

The prediction-market platform and its two cofounders were charged.
October 22, 2026

Novig, ProphetX Told to Pause Scorigami, Micro Contract Plans

“It’s kind of a warning shot” to prediction markets, one source says.