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In statements, op-eds and media interviews since his appointment, Selig had pounded the table for a federal crypto framework. As the IGA’s Bean alluded to, the Clarity Act would have given the agency a number of new duties and authorities related to the new assets at a time when the commission’s existing workload has been cause for concern. There are typically five sitting CFTC commissioners at any given time, but Selig is currently the lone sitting commissioner with no other nominations submitted.

Selig recently hosted a meeting of the CFTC’s so-called Innovation Advisory Committee, which featured extensive discussion about crypto from leading CEOs. The committee’s charter says members pledge to “provide advice and recommendations” on several topics, including crypto assets and blockchain technology.

In May, Selig wrote in a social media post on X that under Trump’s leadership, the nation became the “crypto capital of the world“. Moving forward, the absence of a law makes any rules or advisories issued by the CFTC or the Securities and Exchange Commission vulnerable to being reversed or challenged in court, according to CoinDesk. As of Thursday evening, Selig had not released a statement on the vote.

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Santos went on to call Kalshi an “unserious company”, claiming that it also “violates its own notices and deadlines”. 

By the way @Kalshi is such an unserious company it violates its own notices and deadlines lol.

On August 7th they gave us a 30 day notice and today they leaked/ announced once again their frivolous nonsense.

Leaking and attention seeking seem to be the M/O of this…

Kalshi enforced penalties under multiple exchange rules designed to mirror federal market regulations. These include prohibitions on trading when a participant can influence the outcome of an event, trading on material non-public information and engaging in manipulative or fraudulent practices.

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There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.

“We’re calling on the Supreme Court to resolve this issue and recognise that Congress did not silently make the sports-betting industry immune from state law,” Davenport said in a statement.

New Jersey stakeholders are no stranger to the importance of a Supreme Court review. The state lost every case in the lead-up to the PASPA repeal, except for the one that mattered most in the end, and it could be the same in this matter as Kalshi has prevailed thus far in state court and the Third Circuit. Davenport’s petition cites that fateful PASPA ruling in its introduction.