But factually, SCOTUS does have authority over the application of the supremacy clause.

In ordinary times when the CFTC is just regulating things like pork belly futures, sure. But crypto and sports gambling are extremely politicized and red-coded now; Kalshi shouldn't expect the same sleepy regulation for them as for ordinary commodities.

Honestly I don't see their endgame. Even if they win these cases in court and fall under CFTC jurisdiction, that only matters if they have friendlies in the White House and the next administration will have knives out for them.

otherwise Democrats are still without power to unilaterally pass laws

have their been any proposals to deal with this? bills that didnt make it out of committee?

something as simple as adding some contracts to the ban in the onion futures act I think is a mistake