> sports gambling in prediction markets, which is explicitly illegal
It’s a bit more complicated than that. The CFTC argues that under Dodd-Frank any bet on a future event that can have economic consequences is regulated by the CFTC.
It’s a bit silly because this obviously wasn’t the intention of the legislation, and it would also mean anyone betting outside a CFTC regulated exchange is in illegality. But it’s valid enough that The case will probably go to the Supreme Court.
It is an argument that is baldly non-nonsensical, but the Justice Department is not going to complain.
It's only a valid argument to this invalid Supreme Court filled with bribed judges, rapists, and racists.
It’s actually not more complicated than that: The Commodity Exchanges Act explicitly disallows gaming to be classified as a future or swap. See https://www.cftc.gov/IndustryOversight/ContractsProducts/ind...