NCLGS backs New Jersey bid for Supreme Court review of Kalshi case

  • NCLGS filed a Supreme Court brief supporting New Jersey authorities’ case against Kalshi.
  • New Jersey filed its Supreme Court petition on September 2 after a Third Circuit decision.
  • Kalshi must file its position by November 9 and has not formally responded.

The National Council of Legislators from Gaming States (NCLGS) has filed an amicus brief with the U.S. Supreme Court supporting New Jersey’s attorney general and gaming authorities in their effort to obtain review of a dispute with prediction-market platform Kalshi. The case could clarify whether state regulators or federal agencies have jurisdiction over sports-related event contracts. NCLGS argues that a ruling for Kalshi would leave states unable to regulate sports betting on prediction markets, create confusion and encourage casinos, pari-mutuel operators and other regulated businesses to seek similar treatment. The group says gaming-related matters should remain with state authorities, but its filing does not address Kalshi’s competing argument that federally regulated event contracts fall under the Commodity Futures Trading Commission’s exclusive jurisdiction. New Jersey filed its petition for a writ of certiorari on September 2 after a Third Circuit Court of Appeals decision. Kalshi has not formally responded and has until November 9 to file its brief; the company has said it cannot be regulated by 50 different regulators.

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