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Checked Oct. 21, 2026
NJ ยท Checked Oct. 21, 2026
In litigation
Federal courts have barred New Jersey from enforcing its gambling laws against Kalshi's sports contracts; the state has asked the Supreme Court to step in.
After the Division of Gaming Enforcement sent Kalshi a cease-and-desist letter in early 2025, Kalshi sued, and on April 28, 2025 the federal district court preliminarily barred New Jersey from enforcing its gambling laws against Kalshi's sports contracts. On April 6, 2026 a divided Third Circuit panel affirmed, holding Kalshi likely to win on federal preemption. New Jersey petitioned the U.S. Supreme Court on Sept. 2, 2026 (Flaherty v. KalshiEX, No. 26-299); Kalshi's response is due Nov. 9, 2026, and the Court has not decided whether to hear the case. Robinhood has a parallel federal suit.
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
Other development, Kalshi
Ohio and 38 other states plus DC filed an amicus brief supporting New Jersey's petition; tribes, the NFL, the AGA, gaming regulators and others filed supporting briefs between Sept. 22, 2026 and Oct. 8, 2026. The Court had not scheduled the petition for conference as of the docket check.
Source: Ohio et al. amicus brief, U.S. Supreme Court No. 26-299
Other development, Kalshi
The Supreme Court extended Kalshi's deadline to respond to the petition to Nov. 9, 2026.
Other development, Kalshi
New Jersey filed a petition for certiorari asking the U.S. Supreme Court to review the Third Circuit ruling; it was docketed Sept. 8, 2026 as No. 26-299.
Court order, Kalshi
The Third Circuit affirmed the injunction 2-1 (Judge Porter writing, Judge Roth dissenting), finding the contracts likely swaps and New Jersey law likely preempted.
Operator lawsuit, Robinhood
Robinhood Derivatives sued New Jersey officials in federal court seeking similar protection.
Source: Prediction Market Litigation Tracker (mickbransfield.com)
Court order, Kalshi
Judge Edward Kiel of the District of New Jersey granted Kalshi a preliminary injunction barring state enforcement of its gambling laws against Kalshi's sports contracts.
Cease-and-desist, Kalshi
The Division of Gaming Enforcement ordered Kalshi to stop offering sports event contracts in New Jersey, about two months after Kalshi launched them in early 2025.
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
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