2:25-cv-575-APG-BNW MOTION HEARING - ROUGH DRAFT - DO NOT CITE!!!
46 that happens to intrude upon gaming, sobeit, just like if it happens to intrude upon agriculture, some States' agriculture law or something like that, it still says the statute says exclusive jurisdiction. How do you get beyond the language in the statute that gives the CFTC exclusive jurisdiction? MS. WHELAN: Well, I think that the two regimes can exist in a complementary fashion. And I understand the language of the statute, but then when you look at the CFTC's definition of what is a swap or what is an event-based contract or -- you know, that falls under there, we talk about the economic consequences. And you had this colloquy with my friend on the other side. There are economic consequences to virtually everything, I would say even the coin flip. I would say a prop bet where, will Maxx Crosby have more than one and a half sacks, still economic consequences, for Mr. Crosby, for the Raiders who probably have a better record when Maxx Crosby has, you know, more than one and a half sacks and so forth. So I think you have to look at how -- you know, how much are we going to allow this preemption? Kalshi argues that it is any State law that interferes is going to be preempted. The legislature is in session right now. Let's say they pass a law that 18 is no longer the age for contracting; it's 19. Is that law preempted by the Federal -- the Federal field preemption? And can
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UNITED STATES DISTRICT COURT Judy K. Moore, RMR, CRR
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