Heads And Tails

How to play Heads And Tails

Polymarket and other prediction markets that ventured into sports trading last year maintain that they’re financial platforms governed by federal law.

The Commodity Futures Trading Commission (CFTC) agrees, continuing to defend its claimed “exclusive jurisdiction” over sports prediction markets in federal and state courts across the nation.

The legal wrangling extends to Michigan, where Attorney General Dana Nessel has rejected Polymarket and the CFTC’s arguments that the Michigan Gaming Control Board has no regulatory authority over prediction markets, even the ones allowing traders to buy and sell shares of sports outcomes.

What is Heads And Tails?

– In the wake of a consequential ruling by the US Court of Appeals for the Ninth Circuit against Kalshi, two operators are taking separate paths in an effort to overturn the decision. On 28 August, the Ninth Circuit ruled in a 3-0 decision that sports event contracts do not qualify as federally regulated swaps under the Commodity Exchange Act. Earlier this week, Kalshi filed for an en banc re-hearing with the Ninth Circuit, this time before an 11-judge review. Robinhood, meanwhile, filed a petition of certiorari with the Supreme Court in a move to effectively bypass the Ninth Circuit. It is widely believed that a circuit split between the Ninth Circuit and a separate decision by the Third Circuit will prompt the Supreme Court to take up the case.

– Real App, a social sports app built around live play-by-play, named FanDuel as its first prediction market partner. The partnership brings FanDuel’s odds and contextual markets directly into the app’s live sports experience. Fanatics Sports & Casino is adding some upgrades to its Fair Play offering. Among the changes, Fanatics has added first-half injury protection for player props. The option proved to be valuable for fans in Wednesday’s opener when Seattle Seahawks quarterback Sam Darnold left the game after the team’s fifth offensive play.

– According to the American Gaming Association, an estimated $40 billion will be wagered on the NFL via prediction markets this year. Last week, on the first full day of the 2026 college football season, Kalshi reported nearly $250 million in trading activity on college football.

About Heads And Tails

Based on its projections, EKG sees the overall sports wagering industry growing 8% year-over-year, outpacing the current baseline growth rate of 5% (a figure that strips out temporary boosts from the 2026 World Cup).

Assuming that 8% spurt is realized, it’d be impressive because since the end of the 2025 football season, only Missouri and Alberta, Canada joined the live and legal sports betting party with Arkansas opening to DraftKings and FanDuel earlier this year.

Prediction markets have proven effective at attracting sharp bettors and high-rollers who are often limited or banned by traditional sportsbooks. However, consumer surveys indicate that when given the choice between a sportsbook and a yes/no exchange, most recreational bettors still prefer the traditional sportsbook interface. That dynamic helps explain why prediction markets remain in second place.