Supreme Hot

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Commissioners pointed to evidence suggesting the tribe may have already been overcharged compared to other member customers.

The Upper Sioux Community also argued that, as a sovereign tribal nation, it is not subject to Minnesota utility regulations. The commission declined to rule on the sovereignty question, concluding it was unnecessary to resolve that issue to determine that Minnesota Valley could not prevent the casino from generating its own power.

An attorney for Minnesota Valley told commissioners the cooperative plans to appeal the order.

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Just eight years after the state of New Jersey successfully petitioned the US Supreme Court to repeal the Professional and Amateur Sports Protection Act, which opened the floodgates of sports betting expansion across the country, the Garden State has again petitioned the high court, this time to defend its sports betting jurisdiction against the rise of prediction markets and sports event contracts.

On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.

The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.

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The text also prohibits bets placed using credit cards, the use of predictive models to identify moments of greater vulnerability, and platform design mechanisms that hinder a conscious decision to stop betting, leave the service, or activate limits and blocks. Operators must maintain permanent alerts about compulsive gambling, indebtedness and asset loss, and adopt verifiable protocols for identifying risky behaviour.  

The proposal establishes criteria for classifying products according to their potential for harm. Among the characteristics considered are instantaneous or short-lived results, continuous repetition at short intervals, use of random mechanisms to determine the outcome, intermittent rewards, near-miss incentives, incentives to recover losses and features that make it difficult to stop betting or induce successive, impulsive, or increasingly valuable bets. 

Products offered to the public must undergo prior evaluation by a competent body of the Federal Executive Branch, to be defined in regulations. Products classified as high-risk will be subject to specific harm reduction measures. Products with excessive risk may not be offered. This category includes products with outcomes determined by random mechanisms, continuous cycles and variable rewards, such as roulette, slot machines, collision games and simulated virtual sports.