As the battle for the future of information markets moves from the betting floor to the federal courtroom, a new consensus is emerging among the world’s most active forecasters. On the social prediction platform Manifold Markets, a high-stakes contract titled "Will Federal Preemption Protect DCMs from State Bans by End of 2026?" has seen a dramatic surge in confidence, with traders now pricing in an 81% probability that federal law will ultimately shield the industry from state-level shutdowns.

This "81% Gamble" represents a pivotal moment for the industry. While state legislators in Albany push for aggressive bans on event-based trading, market participants are betting heavily that the U.S. Constitution’s Supremacy Clause—and the "exclusive jurisdiction" of the Commodity Futures Trading Commission (CFTC)—will render those bans toothless. The outcome will decide whether prediction markets become a unified national financial asset class or remain a fragmented, state-by-state legal minefield.

The Market: What's Being Predicted

The focus of the "81% Gamble" is the legal doctrine of federal preemption. Traders on Manifold Markets are wagering on whether Designated Contract Markets (DCMs)—platforms fully registered with the federal government like Kalshi and Interactive Brokers Group, Inc. (NASDAQ: IBKR)—will be legally permitted to operate even in states that have passed explicit bans.

The market has seen significant liquidity over the last two weeks, following the reintroduction of the ORACLE Act in New York on January 7, 2026. While the bill aims to impose fines of up to $1 million per day on platforms offering contracts on "catastrophic events" or political outcomes, the probability of the ban succeeding has actually dropped on prediction platforms. Trading volume has spiked as professional "arbs" move between play-money sentiment on Manifold and real-money hedges on regulated exchanges. The resolution hinges on a definitive court ruling or federal legislation by December 31, 2026, that establishes the CFTC as the sole arbiter of these markets.

Why Traders Are Betting

The bullish sentiment for federal preemption is driven by a string of legal victories for the industry throughout 2024 and 2025. Traders are looking at the "Kalshi Precedent" as their North Star. After winning a landmark federal case that allowed for Congressional election markets, Kalshi is now suing the New York State Gaming Commission in the Southern District of New York (SDNY). The core of their argument is that once the CFTC approves a contract, a state cannot use "gambling" laws to override that federal authorization.

Furthermore, the entry of major financial players has changed the "optics" of the legal fight. Robinhood Markets, Inc. (NASDAQ: HOOD) recently integrated Kalshi’s infrastructure directly into its app, effectively turning millions of retail investors into stakeholders in the market's legality. "When you have a company like Robinhood or Interactive Brokers treating these as financial derivatives, it becomes much harder for a local gaming commission to argue they are just 'illegal gambling' like an unlicensed sportsbook," says one lead trader on the Manifold contract. The 81% odds reflect a belief that federal judges will favor the stability of national financial markets over localized moral objections.

Broader Context and Implications

The conflict in New York is a microcosm of a larger national struggle. The ORACLE Act (Assembly Bill A9251) represents the "nuclear option" for state regulators, seeking to ban everything from political betting to contracts on security price movements. However, a competing piece of legislation, the Cooney Bill (S8889), suggests a different path: regulating prediction markets as financial entities under the New York Department of Financial Services (DFS) rather than the Gaming Commission.

If the 81% probability holds true and federal preemption wins the day, it would strip states of the power to ban specific types of contracts, provided they are sanctioned by the CFTC. This would align prediction markets with other federally regulated commodities like oil, gold, and wheat. A defeat for preemption, conversely, would create a "patchwork" regulatory environment, where a trader in New Jersey could hedge against a recession while a trader across the river in Manhattan would be committing a felony for the same transaction.

What to Watch Next

The most immediate catalyst for this market is the expected ruling in the SDNY case, Kalshi vs. NYSGC, due in late February 2026. A preliminary injunction in favor of Kalshi would likely send the Manifold odds into the mid-90s, effectively ending the debate for the current year. Conversely, if the judge denies the injunction and allows New York to proceed with its ban, we could see a "black swan" collapse in the odds as platforms prepare for a state-by-state retreat.

Investors should also monitor the Public Integrity in Financial Prediction Markets Act of 2026, introduced by Rep. Ritchie Torres (D-NY) on January 9. While the bill seeks to ban insider trading by government officials, its passage would indirectly codify the legality of the platforms themselves, providing the "federal shield" that traders are currently betting on. Even traditional institutions like The Goldman Sachs Group, Inc. (NYSE: GS) have begun hinting at entering the space, a move that would provide massive political cover for the "preemption" argument.

Bottom Line

The "81% Gamble" is more than just a bet on a legal outcome; it is a vote of confidence in the institutionalization of prediction markets. For years, these platforms existed in a gray area, but the massive adoption seen in late 2025 has moved them into the financial mainstream. Traders believe that the federal government—specifically the CFTC—is better equipped to manage the risks and rewards of this technology than a decentralized collection of state gaming boards.

As we approach the critical February ruling in New York, the lopsided odds on Manifold Markets suggest that the "state's rights" argument against prediction markets is on its last legs. Whether that confidence is justified will depend on a single federal judge in Manhattan, but for now, the smart money is betting that federal law will prove to be an impenetrable shield.

This article is for informational purposes only and does not constitute financial or betting advice. Prediction market participation may be subject to legal restrictions in your jurisdiction.

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