Close Menu
  • Coins
    • Bitcoin
    • Ethereum
    • Altcoins
    • NFT
  • Blockchain
  • DeFi
  • Metaverse
  • Regulation
  • Other
    • Exchanges
    • ICO
    • GameFi
    • Mining
    • Legal
  • MarketCap
What's Hot

How MiniMed ended up with 99% of its float sold short

31/10/2026

Frax CEO says businesses will drive next wave of stablecoin adoption as firm tests lending product

31/10/2026

Next Week’s Midterms Could Stall the CLARITY Act and Test Crypto’s Political Clout: TD Cowen

31/10/2026
Facebook X (Twitter) Instagram
  • Back to NBTC homepage
  • Privacy Policy
  • Contact
X (Twitter) Telegram Facebook LinkedIn RSS
NBTC News
  • Coins
    1. Bitcoin
    2. Ethereum
    3. Altcoins
    4. NFT
    5. View All

    Smarter Web adds 20 BTC as its preferred shares pay their first weekly dividend

    31/10/2026

    Bitcoin appears to have decoupled from midterm cycle bottom history

    31/10/2026

    Bitcoin’s price is as jumpy as Nvidia’s and eight times more turbulent than the euro

    31/10/2026

    Analyst Issues Warning for Bitcoin (BTC) Regarding November 3rd! A Major Drop Could Occur If History Repeats Itself! Here Are the Details

    31/10/2026

    Ethereum ETFs lose $170M in three days as ETH faces further price pressure – Can bulls step in?

    31/10/2026

    ETH Trades at 20% Premium on Uniswap Versus Binance

    31/10/2026

    Ethereum Faces $2,000 Price Warning as Whales Offload $348 Million in ETH

    31/10/2026

    Ethereum Fork Launches Partitioned Binary Tree for Better

    31/10/2026

    Frax CEO says businesses will drive next wave of stablecoin adoption as firm tests lending product

    31/10/2026

    Why Korea’s KYC-Ready Traders Could Fast-Track XRP Tokenization

    31/10/2026

    Shiba Inu Community Seeks Elon Musk’s Attention Amid Wrong BONE Token on X

    31/10/2026

    Stellar (XLM) Makes History With First Repo Backed by U.S. Debt

    31/10/2026

    PixieChess Confirms New Weekly Packs for Collectors on Base

    29/10/2026

    Fuzzy Launches Dynamic NFT Collection With Four Phases

    29/10/2026

    Machi’s NFT Sales Exceed 60 as Trader Faces $2.35M Loss

    28/10/2026

    SquiggleDAO Acquires NFT Through Decentralized Community

    24/10/2026

    How MiniMed ended up with 99% of its float sold short

    31/10/2026

    Frax CEO says businesses will drive next wave of stablecoin adoption as firm tests lending product

    31/10/2026

    Next Week’s Midterms Could Stall the CLARITY Act and Test Crypto’s Political Clout: TD Cowen

    31/10/2026

    Bitget to Resume Withdrawals in Phases Starting September 28

    31/10/2026
  • Blockchain

    Polkadot Amplifies Web3 Foundation’s Message on Google

    30/10/2026

    NEAR Protocol Launches Confidential Pre-IPO Futures for AI Giant Anthropic

    30/10/2026

    Robinhood Chain Lifts Q3 Crypto Revenue to $120 Million

    30/10/2026

    Wormhole Positions Itself as Key Interoperability Layer

    30/10/2026

    ADQ-backed Further picks Chainlink to police tokenized trades in Abu Dhabi

    30/10/2026
  • DeFi

    LlamaRisk Proposes Aave Cap Cuts Before Markets Reopen

    31/10/2026

    Chainlink Powers Folio’s Innovative F-Pools for DeFi Trading

    31/10/2026

    Jupiter Earn liquidity crunch leaves users waiting on withdrawals

    31/10/2026

    Aave Reopens Markets but Keeps Nine Assets at Zero LTV

    31/10/2026

    Maple locks $280M in XRP collateral and upcoming maturity dates threaten liquidations

    31/10/2026
  • Metaverse

    Exploring the Future of the Metaverse

    19/10/2026

    Is Solana Gaming Back? Kintara Activity Fuels Renewed Optimism in Onchain MMOs

    24/06/2026

    The Sandbox launches AI game engine ‘The Sandbox Studio’ for next-generation creators

    10/06/2026

    Meta commits $13M in funding for Oversight Board through 2028

    29/05/2026

    Why Animoca’s Yat Siu says the future is 100 billion AI agents

    07/05/2026
  • Regulation

    How MiniMed ended up with 99% of its float sold short

    31/10/2026

    Juventus FC stock down 30% since Tether investment

    31/10/2026

    Wall Street’s tokenization boom could have bigger winners than bitcoin and ether, Citrini says

    31/10/2026

    33M Americans Are Eyeing Crypto, but the Next Wave Looks Different: Survey

    31/10/2026

    OSL Brings A USDGO Market-Neutral Fund On-Chain For Hong Kong Investors

    31/10/2026
  • Other
    1. Exchanges
    2. ICO
    3. GameFi
    4. Mining
    5. Legal
    6. View All

    Bitget to Resume Withdrawals in Phases Starting September 28

    31/10/2026

    Uniswap’s Upcoming Hook Drop Generates Buzz Among Users

    30/10/2026

    Aerodrome and Velodrome Unite to Chase $120B in Trading Volume

    30/10/2026

    Jupiter Trade Confirms $TSLA Launch on Solana Platform

    30/10/2026

    ICO market slows sharply with only six completions in 2026

    30/04/2026

    South Korea Poised to Lift Ban on Domestic ICOs After 7 Years

    19/12/2025

    Why 2025’s Token Boom Looks Both Familiar and Dangerous

    31/10/2025

    ICO for bitcoin yield farming chain Corn screams we’re so back

    22/01/2025

    FLOKI Ships Valhalla 1.13.2 ‘Special Delivery’ to Players on Mainnet

    27/10/2026

    Top 12 NFT games every player should know about in August 2026

    19/08/2026

    GameShame Studios founder details Raijin Protocol’s roadmap in NeoPod’s sixth AMA

    13/08/2026

    How BC.GAME is turning players into stakeholders

    04/08/2026

    Bitcoin mining difficulty hits 148 trillion as revenues fall to three-month lows

    31/10/2026

    How BitFuFu’s HASH Reflects the Next Phase of Real-World Asset Tokenization

    30/10/2026

    Can the pivot to AI save crypto miners?

    30/10/2026

    Two Solo Bitcoin Miners Hit the Jackpot Against Industrial Mining Giants

    28/10/2026

    Next Week’s Midterms Could Stall the CLARITY Act and Test Crypto’s Political Clout: TD Cowen

    31/10/2026

    Polymarket Faces Fresh CFTC Scrutiny Over Offshore Platform Access

    31/10/2026

    This Week in Crypto Law (October 25, 2026)

    31/10/2026

    Crypto Midterm Election Spending Reaches $176 Million as Industry Builds for the Next Congress

    31/10/2026

    How MiniMed ended up with 99% of its float sold short

    31/10/2026

    Frax CEO says businesses will drive next wave of stablecoin adoption as firm tests lending product

    31/10/2026

    Next Week’s Midterms Could Stall the CLARITY Act and Test Crypto’s Political Clout: TD Cowen

    31/10/2026

    Bitget to Resume Withdrawals in Phases Starting September 28

    31/10/2026
  • MarketCap
NBTC News
Home»Legal»Supreme Court Weighs Prediction Markets Regulation as States Clash With Kalshi
Legal

Supreme Court Weighs Prediction Markets Regulation as States Clash With Kalshi

NBTCBy NBTC07/09/2026No Comments9 Mins Read
Share
Facebook Twitter LinkedIn Pinterest Email


New Jersey has thrown down a legal gauntlet that could reshape how the entire country treats online betting on sports outcomes. The state’s attorney general asked the U.S. Supreme Court last week to settle a question that has split federal appeals courts and rattled a fast-growing industry: are sports-linked prediction markets gambling products subject to state law, or federally sanctioned financial instruments beyond states’ reach? The answer will determine whether platforms like Kalshi can keep operating nationwide under a single federal framework, or whether they’ll need to play by the same rules as traditional sportsbooks in every state where they take action. This fight over prediction markets regulation has been building for more than a year, and it just reached the doorstep of the nation’s highest court.

Key takeaways

  • New Jersey has petitioned the U.S. Supreme Court to rule on whether sports-related prediction markets are gambling products or federally regulated swaps.
  • A circuit split between the Third Circuit and Ninth Circuit Courts of Appeals has raised the odds that the justices will take the case, though nothing is guaranteed.
  • If the markets are ruled gambling, companies must secure state licenses and pay state taxes; if ruled swaps, CFTC oversight would preempt most state control.
  • The Supreme Court has roughly 90 days to decide whether to grant certiorari, and Kalshi would have 30 days to respond once the petition is docketed.
  • Separately, the Digital Asset Market Clarity Act is unlikely to become law before the midterms, even though the National Sheriffs’ Association just softened its opposition.

U.S. Supreme Court weighs regulation of sports prediction markets

The core question before the justices is whether federal law shields companies like Kalshi from having to follow state gambling statutes when they offer sports-related contracts. New Jersey Attorney General Jennifer Davenport filed the state’s writ of certiorari, arguing that “companies like Kalshi claim to offer legal sports betting in all 50 states, but they refuse to follow the gambling laws of any state,” according to a statement from her office. The petition frames the stakes bluntly, telling the Supreme Court that Kalshi “seeks to federalize the multi-billion-dollar sports betting industry at the expense of every state sports gaming law.”

New Jersey wasn’t required to wait for a split to appeal the Third Circuit’s April ruling, which found that sports event contracts meet the legal definition of swaps and fall under the CFTC‘s exclusive jurisdiction. But the emergence of a conflicting appellate decision gave the case new momentum, according to Carl Kennedy, a partner at the law firm Katten who co-chairs its financial markets and regulation group. Last month, the Ninth Circuit Court of Appeals reached the opposite conclusion in a separate case involving Nevada, ruling that labeling a sports wager a “swap” doesn’t change what it actually is. Ninth Circuit Judge Ryan Nelson wrote that “placing sports bets, even when called by another name, is still gambling,” while Judge Kenneth Lee questioned whether the outcome of a single game carries the kind of financial or commercial consequence that Congress had in mind when it defined swaps under the Dodd-Frank Act.

That disagreement between circuits is exactly what the Supreme Court typically looks for before agreeing to weigh in. New Jersey’s petition itself argues the split “has tremendous importance, as it will determine whether a multi-billion-dollar gaming industry can suddenly operate free from state sports-gaming laws.” Katherine Kirkpatrick Bos, head of legal at Chainlink Labs, said the Supreme Court doesn’t publicly explain why it grants or denies review, but it’s more likely to step in when there’s a circuit split combined with a nationally significant question — and here, she noted, “we have litigation which is materially affecting an entire industry’s business model.” According to New Jersey’s filing, similar disputes have surfaced in at least 20 states, with dozens of active lawsuits pending and several state gambling laws currently blocked by federal courts.

Implications of classification as gambling vs. swaps

Whichever way the Supreme Court eventually rules will reshape who regulates sports-adjacent prediction markets and how companies operate across state lines. If a majority of justices decide these products are simply gambling, every company offering them will need to obtain licenses in each state where it does business and pay the applicable state taxes. That outcome would put platforms like Kalshi on the same footing as traditional sportsbooks, undoing the regulatory shortcut that has let prediction markets expand rapidly without securing state-by-state approval.

If markets are ruled gambling products

Under this scenario, states regain the authority they’ve long claimed over sports wagering. New Jersey specifically prohibits betting on college sports and has been unable to enforce that ban against Kalshi under the current legal landscape. A ruling favoring states would let New Jersey and others close that gap immediately.

If markets are ruled federally regulated swaps

The opposite outcome carries its own weight. If the justices agree these contracts are swaps properly overseen by the CFTC, states would lose much of their ability to police sports-related prediction markets, and companies would answer primarily to federal regulators rather than a patchwork of state gambling boards. New Jersey has warned that such a result would create an odd contradiction: if Dodd-Frank truly federalized sports wagering regulation, the state also argues that CFTC jurisdiction over swaps is exclusive only relative to other federal agencies, not to the states themselves.

Ongoing regulatory and legislative context

Two separate but related regulatory processes could still influence when and how the Supreme Court acts. The CFTC is in the middle of revising its rules on event contracts, and that unfinished rulemaking gives the justices a reason to potentially wait before jumping in.

CFTC’s revised rules on event contracts

Daniel Wallach, a legal practitioner focused on gaming and sports betting law, said the Supreme Court might hold off if it wants the CFTC to finalize its proposal on event contracts first. Whatever rule the agency ultimately adopts will likely face a challenge under the Administrative Procedures Act, Wallach said, which could signal to the justices that the underlying issue simply isn’t ready for review yet. Adding to the uncertainty, further circuit court rulings — potentially from the Sixth Circuit or Fourth Circuit — could give the Supreme Court additional signals about how lower courts are trending. Todd Phillips, a director at the Klaros Group, said that if those circuits side with New Jersey while the Third Circuit remains the outlier, that pattern itself becomes useful information for the high court as it decides whether and when to act.

Digital Asset Market Clarity Act stalls in Congress

Separately, momentum has stalled on the Digital Asset Market Clarity Act, legislation that touches broader digital-asset oversight. The U.S. House of Representatives won’t be in session for the final two weeks of September, which all but guarantees the bill won’t become law before the midterm elections even if the Senate manages to pass it this month. There was one notable shift, though: on Friday, the National Sheriffs’ Association told Senate leadership in a letter that it was moving from opposing the bill to a neutral stance, clearing one obstacle. Other sticking points remain unresolved, including unsettled ethics provision negotiations and continued debate over how the bill treats stablecoin yield. Industry executives themselves appear split on the bill’s prospects, with CEOs interviewed roughly divided 50/50 on whether it has a real chance of passing.

Legal expert perspectives and Supreme Court outlook

History offers New Jersey a modest reason for optimism, though nothing close to a guarantee. Wallach pointed out that the Supreme Court reverses lower court rulings roughly 70% of the time, a pattern that could favor states challenging the Third Circuit’s decision if the case is heard.

What comes next for states and companies

Procedurally, the Supreme Court now has about 90 days to decide whether to grant certiorari, Kennedy said, while Kalshi would have 30 days from when the petition is officially docketed to respond. If the court agrees to hear the case, the first round of briefing would focus narrowly on whether review is warranted at all — only after that would the parties argue the underlying merits. New Jersey also isn’t locked into the arguments it raised during its original fight with Kalshi at the district court level; Kennedy noted the state can incorporate points raised in any of the many other pending prediction market cases nationwide. That flexibility grows even more relevant if multiple appellate cases end up consolidated, according to Phillips, and Wallach expects the various states and companies involved in parallel litigation to each want their arguments heard directly by the justices. The Trump administration has already backed Kalshi in its fights against states, with the CFTC itself filing suits against state regulators — a dynamic complicated by the fact that all three Ninth Circuit judges who ruled against Kalshi were Trump appointees, suggesting the political and judicial lines here don’t run in any predictable direction.

FAQ

What is the core legal issue the U.S. Supreme Court may review regarding prediction markets?

Whether sports-related prediction markets are gambling products regulated by states or federally regulated swaps overseen by the Commodity Futures Trading Commission.

Why is there a circuit court split influencing Supreme Court interest?

The Third Circuit ruled these are swaps under federal regulation, while the Ninth Circuit ruled they are gambling, creating conflicting legal interpretations.

What happens if the Supreme Court classifies these markets as gambling products?

Companies offering sports-related prediction markets would need to comply with state gambling licenses, approvals, and pay relevant taxes.

How might ongoing CFTC rule revisions affect the Supreme Court case?

The Court might delay taking the case until the Commodity Futures Trading Commission finalizes revised rules regarding event contracts.

Article produced with the assistance of artificial intelligence and reviewed by the editorial team.

Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
NBTC

NBTC is the editorial account for NBTC News, covering Bitcoin, Ethereum, DeFi, blockchain infrastructure, exchanges, mining, regulation and digital asset markets. The editorial team focuses on clear sourcing, timely updates and practical context for crypto readers.

Related Posts

Next Week’s Midterms Could Stall the CLARITY Act and Test Crypto’s Political Clout: TD Cowen

31/10/2026

Polymarket Faces Fresh CFTC Scrutiny Over Offshore Platform Access

31/10/2026

This Week in Crypto Law (October 25, 2026)

31/10/2026

Crypto Midterm Election Spending Reaches $176 Million as Industry Builds for the Next Congress

31/10/2026
Add A Comment

Comments are closed.

Top Posts
Get Informed

Subscribe to Updates

Get the latest news from NBTC regarding crypto, blockchains and web3 related topics.

Your source for the serious news. This website is crafted specifically to for crazy and hot cryptonews. Visit our main page for more tons of news.

We're social. Connect with us:

Facebook X (Twitter) LinkedIn RSS
Top Insights

How MiniMed ended up with 99% of its float sold short

31/10/2026

Frax CEO says businesses will drive next wave of stablecoin adoption as firm tests lending product

31/10/2026

Next Week’s Midterms Could Stall the CLARITY Act and Test Crypto’s Political Clout: TD Cowen

31/10/2026
Get Informed

Subscribe to Updates

Get the latest news from NBTC regarding crypto, blockchains and web3 related topics.

Type above and press Enter to search. Press Esc to cancel.