2:25-cv-575-APG-BNW MOTION HEARING - ROUGH DRAFT - DO NOT CITE!!!
79 contracts? Or are these so analogous that that's going to -- I'm just trying to get a feel for how that's going to impact this case. I can sit and wait for a decision from the D.C. Circuit Court, but I don't know that it resolves the entire issue here. MR. HAVEMANN: It's hard to imagine the D.C. Circuit saying anything that would bear on the provision of sport event contracts, and the CFTC did not challenge Kalshi's sport event contracts, so yes, my -- you know, we would have to cross that bridge if we came to it, and hopefully we don't come to it, but I assume that unless there was anything in the opinion to the contrary that, yes, our position would be the sport event contracts remain valid. And I do want -- you know, now that the D.C. Circuit case has come up, I want to emphasize, you know, that is -- obviously, Kalshi disagrees with the CFTC's position in that case, but that case exemplifies the way that this sort of question should get hashed out, that is, the CFTC comes in and says, I think that these contracts fall within one of the enumerated categories and that it's against the public interest, they make that determination, they hear from relevant parties, they hear input from the public, and then there's judicial review. That is -- the question is, who decides? And the answer is, the CFTC decides with judicial review in Federal
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UNITED STATES DISTRICT COURT Judy K. Moore, RMR, CRR
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