Comment Text:
I have been watching the PredictIt litigation in the 5th Circuit with interest. While that case is about the CFTC's abuse of process and violations of the APA, not about the contracts per se, the 5th Circuit's opinion clearly takes a favorable view of the value of the data that comes from election markets. If the CFTC would now say Kalshi's contract is not in the public interest (e.g. CFTC question 24) that would be contrary to the holding in the 5th Circuit.
