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DraftKings CEO Jason Robins said in an interview Thursday that his company is well positioned whether or not the U.S. Supreme Court lets prediction markets keep offering sports event contracts.
“We actually feel like we put ourselves in this win-win spot where no matter what the outcome of that whole process is, we are well positioned going forward,” Robins told CNBC’s Contessa Brewer at the NEXTPredict 2026 Summit.
The NFL, along with 39 states, urged justices to hear New Jersey’s petition asking the U.S. Supreme Court to review a ruling that protects sports events contracts from state gambling regulations, arguing the contracts are essentially sports betting.
Sportsbook gives DraftKings a fallback
Robins described DraftKings as “the clear number three” prediction markets exchange and explained that if the court sides with the states, the operator would still have its sportsbook, which Robins said brings in most of the company’s revenue.
“I think on both sides there are companies that have really staked a lot on one outcome or the other,” Robins said, and went as far as to say that if the court ruled against prediction markets firms, companies that depend on sports contracts would have “nothing to go back to.”
DraftKings rose to the third spot while offering sports event contracts in less than half the country, Robins said. It doesn’t offer its sports contracts in states where it holds a sports betting license as Robins said doing otherwise would have put those licenses “under threat.”
Robins also said election and financial contracts have grown faster than he expected.
“We’ve actually been pleasantly surprised at the growth there,” he said, and added that those markets could survive a ruling against sports contracts.
Robins surprised at being singled out by Seminole Tribe in lawsuit
DraftKings is in another legal fight in Florida. Earlier this month, the Seminole Tribe of Florida sued the operator, accusing it of running an illegal sportsbook in the state. The Tribe included Robins among the list of defendants, along with the parent company and DraftKings Predictions.
Brewer asked Robins his thoughts on why the Tribe sued him and DraftKings instead of other prediction market companies: “Why you and not FanDuel or Fanatics or Kalshi and Polymarket?”
Robins said he was “a little surprised they didn’t include others in the suit” and that Brewer should ask the Seminole Tribe. In the lawsuit, the tribe cites that Robins controls 88% of DraftKings voting power and went as far as asking for state racketeering charges against him.
Countering New York Times report
Brewer also brought up a New York Times report that DraftKings uses artificial intelligence in targeting customers likely to lose.
“Well, I think if you replace the word lose with ‘we need customers to spend money,’ then yes, and that’s true of any business,” Robins said. “Businesses don’t work if customers aren’t spending money. I think one of the things that is a challenge is that there’s a lot of people out there, all of whom really are not people that gamble, that don’t like it. I do. I like it, and I want to spend my money.
“I think it’s something that brings me entertainment, and I don’t view it as losing money. I view it as spending money. The same way, if I go out to dinner and I order a nice bottle of wine and end up spending $100 more than I normally would have if I had eaten at home. I still like that experience, and I view it as something that is worth my money, and I want to spend on.”
Robins also countered with “I think the degree to which AI is used is a bit overblown.”
“I think it’s one of those things that is thrown in article headlines because it’s got a lot of attention now, and people are generally fearful of it.”
Guardrails for prediction markets necessary
Robins also pushed back on recent reports about how DraftKings treats its customers, defending how DraftKings handled a ProPublica reporter who posed as a risky bettor and received an invitation to its VIP program. Robins said DraftKings sent the customer “hundreds of responsible gaming notices” and that a VIP host repeatedly asked if the customer wanted to take a break or set a limit.
“I personally looked at the entire history of that customer. I looked at all the notifications we sent. I looked at all the communications with their VIP host, and I was pretty proud of how we handled it.”
When asked about guardrails for prediction markets, Robins said he believes that the sector needs the same safeguards as sports betting and that DraftKings already applies its responsible gaming measures to DraftKings Predictions.“It’s literally the same playbook,” he said.
DraftKings is expected to report third-quarter results Nov. 5.
