Latest
Checked Oct. 21, 2026
Supreme Court
Supreme Court of the United States, 26-299
Cert petition pending
Petition pending; Kalshi's brief in opposition is due Nov. 9, 2026 after a clerk's extension. Eleven amicus briefs were filed from Sept. 22, 2026 through Oct. 8, 2026. The petition has not been distributed for conference.
The question
Whether the Commodity Exchange Act preempts New Jersey gambling or sports-wagering law as applied to event contracts listed on a CFTC-designated contract market.
New Jersey gaming officials asked the Supreme Court to review the Third Circuit's 2-1 ruling for Kalshi, pointing to the contrary results reached by the Ninth and Sixth Circuits on whether federal commodities law displaces state gambling regulation of sports event contracts. Amici on the docket include Ohio with 38 other states and D.C., gaming regulators, 145 tribes, the NFL, the American Gaming Association and former CFTC Chairman Gary Gensler. The Court has not acted on the petition.
Next: Kalshi's response due Nov. 918 days
Docketed Sept. 8Nov. 9
Resolves Yes if the Court grants review in Flaherty v. KalshiEX, No if it denies the petition.
Supreme Court No. 26-299. Source: Supreme Court docket
Next: responses due Nov. 1322 days
Docketed Sept. 14Nov. 13
Resolves Yes if the Court grants review in Robinhood Derivatives v. Dreitzer, No if it denies the petition.
Supreme Court No. 26-338. Source: Supreme Court docket
Next: responses due Nov. 1625 days
Docketed Sept. 15Nov. 16
Resolves Yes if the Court grants review in North American Derivatives Exchange v. Nevada, No if it denies the petition.
Supreme Court No. 26-344. Source: Supreme Court docket
Will the Third Circuit keep Kalshi's injunction against New Jersey in place?
A divided panel affirmed the preliminary injunction, 2-1. New Jersey has asked the Supreme Court to review it. Third Circuit No. 25-1922. Source: Opinion
Amicus briefs filed by the NFL, the American Gaming Association, 145 tribes, the Casino Association of New Jersey, former Sen. Christopher Dodd and former CFTC Chairman Gary Gensler.
Source: supremecourt.gov
Amicus briefs filed by Ohio with 38 states and D.C., and by Stop Predatory Gambling and others.
Source: supremecourt.gov
Clerk grants Kalshi's Sept. 18, 2026 motion and extends its response deadline from Oct. 8, 2026 to Nov. 9, 2026; first amicus brief filed (National Council of Legislators from Gaming States).
Source: supremecourt.gov
Petition docketed as No. 26-299.
Source: supremecourt.gov
Petition for certiorari filed.
Source: supremecourt.gov
Justice Alito grants a second extension (requested July 22, 2026) to Sept. 3, 2026.
Source: supremecourt.gov
Justice Alito extends the deadline to Aug. 4, 2026.
Source: supremecourt.gov
New Jersey applies (No. 25A1465) to extend the filing deadline.
Source: supremecourt.gov
Third Circuit judgment under review (No. 25-1922).
Source: supremecourt.gov