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Defiance Act 2026 Passage Odds Hit 32% With No House Hearings

The Senate-passed bill has sat in House Judiciary for 10 months. Kalshi and Polymarket diverge by 28 points on its true odds.

July 30, 20265 min readJoseph Francia, Market Analyst
Where the market standsUpdated September 11, 2026
3%−29 pp since publishedvia Polymarket

Bottom line

The Senate-passed bill has sat in House Judiciary for 10 months. Kalshi and Polymarket diverge by 28 points on its true odds.

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3% YES
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3.6¢ · Polymarket
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United States Senate
United States SenateWikipedia

Defiance Act Odds Surge 10 Points in "Which Bills Become Law in 2026?" With No Visible Catalyst

The Defiance Act, a bipartisan bill targeting nonconsensual sexually explicit deepfakes, has sat in the House Judiciary Committee for ten months without a single hearing, markup, or publicly scheduled committee date. H.R. 3562 was referred there after the Senate passed the bill unanimously on January 13, 2026. Since then, the House side has produced nothing but silence.

Yet in the past three days, prediction markets have pushed the Defiance Act's implied probability of becoming law by December 31, 2026, from 22% to 32%, a 10-percentage-point jump. That is not noise. In a legislative prediction market, where most bills trade in single digits and most movement is measured in fractions of a point, a 10-point swing implies traders believe something material has changed about this bill's prospects. The problem: nothing material has changed.

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Where the Defiance Act Actually Stands: A Committee Referral Is Not a Win

A committee referral is the legislative equivalent of showing up to a job interview lobby. It is the bare minimum step that happens to virtually every introduced bill, and it means nothing on its own. Of the roughly 10,000 bills introduced in a typical Congress, fewer than 5% ever receive a committee hearing, according to GovTrack's historical analysis. Among those referred to committee and never heard, passage rates are negligible.

For the Defiance Act to become law in 2026, it would need to clear a specific sequence: a House Judiciary Committee hearing, a committee markup and vote, a floor vote in the full House, reconciliation with the Senate version (or identical passage of the Senate text), and a presidential signature. None of these steps have been initiated. There is no whip count. There is no companion scheduling memo. There is no public statement from the House Judiciary Committee chair indicating any timeline.

The absence of hearings after ten months is not a neutral data point. It is actively negative. Committees that intend to move legislation signal it. The lack of signal is itself a signal, and it points toward the bill dying in committee, not clearing it.


Defiance Act Price History

The current 32% probability represents a recovery from a period low of 18%, meaning the bill has gained 14 percentage points from its weakest point. This is the second time this pattern has emerged. In late June 2026, a similar rally pushed the Defiance Act from 44% to 55% over three days, also without any identifiable legislative catalyst. That rally subsequently reversed. The current move looks structurally similar: a sharp repricing driven by something other than new procedural facts.

The Kalshi-Polymarket spread is worth noting. Kalshi prices the Defiance Act at 18%, while Polymarket has it at 46%. That 28-point gap is enormous and suggests the two platforms' user bases hold fundamentally different views on the bill's prospects, or that liquidity on one or both sides is thin enough to allow wide divergence. Either way, the spread undermines confidence in any single probability reading as a consensus estimate.


What News Is Actually Driving the Defiance Act's Prediction Market Rally?

No confirmed legislative event occurred in the 72 hours preceding this move. Research identified two potentially relevant developments, but neither directly concerns the Defiance Act. On July 28, a federal judge in Minnesota temporarily blocked a state law banning prediction markets, a ruling that benefits platforms like Kalshi and Polymarket but has no bearing on whether any specific bill passes Congress. Separately, the Digital Asset Market Clarity Act saw its own odds surge on Polymarket, which may have created a broader "legislative optimism" effect across multiple bill contracts.

The most plausible explanation is sentiment spillover. When one bill in a multi-outcome legislative market rallies on real news, traders sometimes bid up adjacent contracts reflexively. OpenAI's endorsement of the Defiance Act on June 24 provided a genuine narrative hook, but that event occurred over five weeks ago and cannot credibly explain a move on July 27-30.


The Bull Case Deserves Scrutiny, Not Dismissal

The strongest argument for the Defiance Act at 32% rests on three pillars. First, the Senate already passed it unanimously, removing one of the two major legislative hurdles entirely. Second, the bill is genuinely bipartisan, co-sponsored by Senators Durbin and Graham, which reduces partisan veto risk. Third, the subject matter (combating nonconsensual deepfakes) generates virtually no organized opposition: there is no industry lobby fighting to preserve the right to create deepfake pornography.

These are real structural advantages. A bill that has already cleared one chamber unanimously and faces no organized opposition is not a typical long shot. If House leadership decided to fast-track it as part of a broader AI or tech package in the fall, the timeline for passage could compress dramatically. The five months remaining before the December 31 resolution date leave room for a lame-duck sprint.


Why 32% Still Looks Like an Overpay

Here is the uncomfortable math. Even with unanimous Senate passage, the Defiance Act needs to clear at least four distinct procedural gates in the House, each of which requires active scheduling decisions by committee and floor leadership. After ten months of inaction, the baseline assumption should be that House leadership does not consider this bill a priority. The bipartisan nature of the bill cuts both ways: bills with no opposition sometimes die not because anyone objects, but because no one with scheduling power cares enough to move them forward.

The June rally to 55% that subsequently faded suggests this market is prone to optimism cycles disconnected from legislative reality. The current 32% may be the beginning of another such cycle. Traders buying at this level are betting that the House Judiciary Committee will reverse ten months of inertia within five months, without any evidence that such a reversal is underway. That is a hope trade, not an information trade, and the 28-point Kalshi-Polymarket spread confirms the market itself cannot agree on what the Defiance Act is worth.

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The story so far: Which bills will become law in 2026?

8 updates · Jul 14 – Aug 10

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