Legal

Alito gives New Jersey until Aug. 4 to seek Supreme Court review of Kalshi ruling

Published Jul 2, 2026

Justice Samuel Alito gave New Jersey until Aug. 4 to file for Supreme Court review of Kalshi's Third Circuit win, the first formal SCOTUS filing in the sports prediction market preemption fight. The deadline could set up high court review of the appellate ruling that favored the CFTC-regulated platform. New Jersey is considering asking the court to rule on whether prediction market companies offer illegal, unregulated sports betting.

Why this matters?

A Supreme Court grant of review would move the preemption question from scattered state courts to a single binding federal answer, freezing or wiping out Kalshi's wins in Michigan, Illinois, Minnesota, Kentucky, and Massachusetts. The Aug. 4 deadline forces New Jersey's attorney general to decide now whether to gamble on certiorari rather than keep fighting Kalshi in district court.

Kalshi's legal team must simultaneously defend that Third Circuit victory against New Jersey's potential petition while parrying fresh injunctions and tax demands in other states. A drawn-out docket at One First Street gives state attorneys general more time to secure local bans before any final preemption ruling lands.

The bigger picture

Alito's deadline joins the Kalshi sues Illinois over July 1 tax and licensing and Michigan's fresh injunction as the third state-level action this week testing whether CFTC registration shields prediction markets from state gambling law.

In this story
Add Prediction News as a preferred source on GoogleGet our prediction-market coverage prioritized in your search results

Related Stories

More in Legal
Legal

CFTC proposes swaps rules to classify event contracts under federal oversight

Legal

Sixth Circuit rules Kalshi sports contracts subject to Ohio and Tennessee gambling laws

Legal

NFL urges Supreme Court to let states regulate prediction markets as gambling

Legal

Kalshi petitions full Sixth Circuit as NFL amicus deepens event-contract circuit split

Legal

Supreme Court holds off on prediction market preemption petitions as NFL weighs in

Legal

NFL files amicus brief urging Supreme Court to classify sports event contracts as gambling