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“Litigation may eventually clarify the law, but this is ultimately a question of congressional intent. Congress should not wait while this nationwide expansion of gambling continues,” the letter said. “It should use crypto legislation to reaffirm a simple principle: sports betting falls outside the CFTC’s remit and cannot be offered through prediction market platforms.”

Following the vote, IGA Chairman David Bean said in a statement that the Senate “did the right thing” by not advancing the bill. The Clarity Act “could have expanded CFTC commodities authority” without clear protections, Bean said, but he cautioned that “it is not the end of this fight”.

The AGA declined to comment Thursday, and directed iGB to the June letter.

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Wynn forfeited $130 million to the federal government for a slew of proxy betting violations, which was “believed to be the largest forfeiture by a casino based on admissions of criminal wrongdoing”, per federal prosecutors.

Internally, the board has also been hard at work revising and overhauling several sets of regulations, including rules for gaming salons, AML reporting and now technical standards. Dreitzer represents the fifth NGCB chair to take office since 2019, and the partial term he inherited runs through January 2027.

He told iGB earlier this year he’d “certainly be interested” in a full four-year term after the current one expires. With a background in suppliers and testing labs, Dreitzer is acutely aware of the technical challenges facing the state.

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“We continue to view regulation as the largest risk to prediction markets,” says the analyst. “While industry growth remains robust, adverse legal outcomes could materially impact sports contract availability and long-term adoption.”

Amid a string of losses in federal appellate courts, it appears increasingly prediction markets are angling to take their cases to the U.S. Supreme Court, banking that the high court will allow them to continue offering sports event contracts free of state gambling regulations.

Some legal experts and members of the investment community believe it’s possible the Supreme Court could hear a prediction market case at some point over the next six or seven months.