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Texas AG Ken Paxton avoids action on prediction markets

Created at 3 Sep · 8:51 AM1 source↑ Market-relevant
IN SHORT

Texas Attorney General Ken Paxton has declined to join multiple legal actions against prediction markets, despite his office previously stating that Texas rules prohibiting gambling could extend to such platforms. This stance contrasts with actions taken by many other states.

Key Numbers

$59,000donations to James Talarico from Texas Sands PAC
37states filing a motion against prediction markets
12attorneys general who did not sign an amicus brief supporting Ohio
44state AGs sending a letter to the CFTC

Who's Involved

Ken Paxton
Texas Attorney General who has not taken action against prediction markets
Kalshi
prediction market company
Elisabeth Diana
Kalshi spokesperson
Commodities Futures Trading Commission
government body regulating prediction markets
James Talarico
Texas state Rep. and Democratic opponent of Paxton
Miriam Adelson
Republican casino billionaire funding Texas Sands PAC

↳ Why This Matters

Ken Paxton's inaction on prediction markets, despite his office's prior stance on gambling, raises questions about regulatory enforcement and potential political influences, particularly given the financial backing his opponent has received from the casino industry.

Key facts

  • Texas Attorney General Ken Paxton has not joined other states in legal actions against prediction markets.
  • Paxton's office previously stated that Texas gambling rules could apply to prediction markets.
  • Paxton declined to sign onto a letter urging the CFTC not to overstep its regulatory role on prediction markets.
  • Paxton's opponent, James Talarico, has received substantial donations from a PAC funded by casino magnate Miriam Adelson.
  • Talarico supports legalizing gambling in Texas for economic and educational benefits.

Texas Attorney General Ken Paxton has notably refrained from joining legal actions against prediction markets, a stance that contrasts with his office's earlier statements on gambling regulations. While many states have pursued legal challenges against platforms like Kalshi, Paxton's office has reportedly not responded to requests to join such efforts. This inaction comes despite a June statement from Paxton's office indicating that Texas rules prohibiting gambling could extend to prediction markets where chance plays a role.

Paxton did not sign onto a letter from 44 state attorneys general to the CFTC, arguing that the commission's light-touch regulation of prediction markets encroached on states' traditional gambling oversight. He also did not join a separate legal brief arguing that the CFTC should not be the sole regulator of these markets.

Meanwhile, Paxton's Democratic opponent in 2024, Texas state Rep. James Talarico, has received significant financial support from the Texas Sands PAC, which is funded by casino billionaire Miriam Adelson. Talarico has previously voted to support legislation aimed at legalizing casino gambling in Texas, citing potential job creation and increased tax revenue for public schools. He has denied accepting money directly from the Adelson family but acknowledged taking funds from groups advocating for gambling legalization.

Frequently asked questions

Paxton's office previously indicated that Texas gambling laws could apply to prediction markets, but he has declined to join other states in taking legal action against them.

James Talarico is Paxton's Democratic opponent and has received significant donations from a PAC funded by casino magnate Miriam Adelson. Talarico supports legalizing gambling in Texas.

The CFTC is a government body that has been involved in the light-touch regulation of prediction markets, a role that some state attorneys general believe usurps states' traditional authority over gambling.

What Happens Next

01Further legal actions may be taken against prediction markets in Texas.
02The upcoming election may bring changes in Texas' approach to gambling and prediction market regulation.

How It Developed

Texas Attorney General Ken Paxton's office stated that state rules prohibiting gambling extend to devices where chance plays a role.
Paxton declined to join a series of legal actions taken by other states against prediction markets.
Paxton did not sign onto a letter from state AGs to the CFTC regarding its regulation of prediction markets.
Paxton's Democratic opponent, James Talarico, received significant donations from a PAC funded by casino billionaire Miriam Adelson.
Talarico has previously supported legislation to legalize casino gambling in Texas, citing job creation and increased tax revenue.

Sources

T1
Ken Paxton went after gambling in Texas — but stays hands off on KalshiPolitico

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