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Supreme Court of the United States

Kalshi and prediction markets at the Supreme Court

The short answer

Three petitions ask the U.S. Supreme Court to decide whether federal commodities law overrides state gambling law for sports event contracts on CFTC-regulated exchanges. The Court has not agreed to hear any of them.

Kalshi's own case is one of them: New Jersey asked the Court on Sept. 2, 2026 to review the Third Circuit's April 6, 2026 ruling for Kalshi (Flaherty v. KalshiEX, LLC, No. 26-299). Next: Kalshi's brief in opposition is due Dec. 7, 2026.

The other two come from Robinhood and Crypto.com, which lost to Nevada in the Ninth Circuit.

From the Supreme Court's dockets, checked Nov. 7, 2026. A summary of public filings, not legal advice.

Petitions pending
3
Circuits for the platforms
1
Circuits for the states
2
Next deadline
Nov. 13, 2026Responses due
Cite this page

Bluebook

Kalshi and prediction markets at the Supreme Court, Prediction Market Laws (last updated Nov. 7, 2026), https://predictionmarketlaws.com/supreme-court.

APA

Prediction Market Laws. (2026, November 7). Kalshi and prediction markets at the Supreme Court. https://predictionmarketlaws.com/supreme-court

The question all the petitions ask

Whether the Commodity Exchange Act preempts state gambling or sports-wagering law as applied to event contracts listed on a CFTC-designated contract market.

The petitions

  1. No. 26-299

    New Jersey v. Kalshi

    Flaherty v. KalshiEX, LLC

    1. Petition filedSept. 2, 2026
    2. ResponseDue Dec. 7, 2026
    3. Conference
    4. Court decides whether to hear it
    Asks the Court to review
    Kalshi v. New Jersey (Third Circuit), decided April 6, 2026 (2-1), for the platform
    Filed by
    New Jersey. Counsel of record: Solicitor General Jeremy M. Feigenbaum.
    Question presented
    Whether the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act preempted States from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission.
    Status
    Petition pending; Kalshi's brief in opposition is now due Dec. 7, 2026 after a second clerk's extension (granted Oct. 30). Eleven amicus briefs were filed from Sept. 22, 2026 through Oct. 8, 2026. The petition has not been distributed for conference.

    Our summary of the petitionRead the petition (PDF)Supreme Court docket

    Next: Kalshi's brief in opposition is due Dec. 7, 2026 26 days

  2. No. 26-338

    Robinhood v. Nevada

    Robinhood Derivatives, LLC v. Dreitzer

    1. Petition filedSept. 10, 2026
    2. ResponseDue Nov. 13, 2026
    3. Conference
    4. Court decides whether to hear it
    Asks the Court to review
    Robinhood v. Nevada (Ninth Circuit), decided Aug. 28, 2026, for the state
    Filed by
    Robinhood Derivatives, LLC. Counsel of record: Lisa S. Blatt, Williams & Connolly LLP.
    Question presented
    Whether the Commodity Exchange Act preempts the application of state gaming laws to sports-related event contracts traded on federally regulated contract markets.
    Status
    Petition pending; the response deadline was extended on Oct. 9, 2026 from Oct. 14, 2026 to Nov. 13, 2026 for all respondents. Not yet distributed for conference.

    Our summary of the petitionRead the petition (PDF)Supreme Court docket

    Next: Responses due Nov. 13, 2026 2 days

  3. No. 26-344

    Crypto.com (NADEX) v. Nevada

    North American Derivatives Exchange, Inc. v. Nevada

    1. Petition filedSept. 11, 2026
    2. ResponseDue Nov. 16, 2026
    3. Conference
    4. Court decides whether to hear it
    Asks the Court to review
    Crypto.com (NADEX) v. Nevada (Ninth Circuit), decided Aug. 28, 2026, for the state
    Filed by
    North American Derivatives Exchange, Inc., doing business as Crypto.com Derivatives North America. Counsel of record: Shay Dvoretzky, Skadden, Arps, Slate, Meagher & Flom LLP.
    Question presented
    Whether the CEA preempts state regulation of sports-event contracts traded on a DCM.
    Status
    Petition pending; the response deadline was extended on Oct. 8, 2026 from Oct. 15, 2026 to Nov. 16, 2026 for all respondents, and on Nov. 6, 2026 the Nevada respondents asked for more time. Not yet distributed for conference.

    Our summary of the petitionRead the petition (PDF)Supreme Court docket

    Next: Responses due Nov. 16, 2026 5 days

Why the Court may take it up

The Supreme Court chooses its cases. One reason its rules give for granting review is that federal appeals courts have reached conflicting decisions on the same important question (Rule 10(a)). Three federal appeals courts have ruled on the question: the Third Circuit for the platforms, the Ninth Circuit and the Sixth Circuit for the states.

Where every federal circuit stands

How a petition moves

  1. Response. The other side may file a brief in opposition within 30 days after the case is docketed, and the Clerk or a Justice can extend that deadline (Rule 15.3). The response deadline in all three petitions has been extended at least once.
  2. Distribution. Once a brief in opposition is filed, the Clerk sends the petition to the Justices no sooner than 14 days later, unless the petitioner waives that wait. The petitioner may file a reply, but the Court does not wait for it (Rules 15.5 and 15.6).
  3. Conference. The Justices meet privately and vote on petitions for review (The Court and Its Procedures). The docket then shows whether review was granted or denied.
  4. If review is granted. The case is briefed on the merits and argued before the Court decides it. The Court's Term begins on the first Monday in October, and its sessions usually continue until late June or early July.

Timeline

  1. No. 26-344

    Crypto.com (NADEX) v. Nevada: The Nevada respondents ask for a further extension of the response deadline; no ruling on the request was shown on the docket as of Nov. 7, 2026.

    Source: supremecourt.gov

  2. No. 26-299

    New Jersey v. Kalshi: The Court granted Kalshi's unopposed request and extended its response deadline from Nov. 9 to Dec. 7, 2026.

    Source: supremecourt.gov

  3. No. 26-338

    Robinhood v. Nevada: Clerk grants Robinhood-side motion (filed Oct. 8, 2026) and extends the response deadline from Oct. 14, 2026 to Nov. 13, 2026 for all respondents.

    Source: supremecourt.gov

  4. No. 26-299

    New Jersey v. Kalshi: 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

  5. No. 26-344

    Crypto.com (NADEX) v. Nevada: Clerk grants the respondents' Oct. 7, 2026 motion and extends the response deadline from Oct. 15, 2026 to Nov. 16, 2026 for all respondents.

    Source: supremecourt.gov

  6. No. 26-299

    New Jersey v. Kalshi: Amicus briefs filed by Ohio with 38 states and D.C., and by Stop Predatory Gambling and others.

    Source: supremecourt.gov

  7. Sixth Circuit

    Kalshi v. Ohio (Sixth Circuit): In a published opinion covering Ohio and Tennessee, affirmed the denial of Kalshi's preliminary injunction against Ohio and vacated the injunction Kalshi had won against Tennessee.

    Source: opn.ca6.uscourts.govOur summary of the document

  8. No. 26-299

    New Jersey v. Kalshi: 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

  9. No. 26-344

    Crypto.com (NADEX) v. Nevada: Petition docketed.

    Source: supremecourt.gov

  10. No. 26-338

    Robinhood v. Nevada: Petition docketed.

    Source: supremecourt.gov

  11. No. 26-344

    Crypto.com (NADEX) v. Nevada: Petition for certiorari filed.

    Source: supremecourt.govOur summary of the document

  12. No. 26-338

    Robinhood v. Nevada: Petition for certiorari filed.

    Source: supremecourt.govOur summary of the document

  13. No. 26-299

    New Jersey v. Kalshi: Petition docketed as No. 26-299.

    Source: supremecourt.gov

  14. No. 26-299

    New Jersey v. Kalshi: Petition for certiorari filed.

    Source: supremecourt.govOur summary of the document

  15. Ninth Circuit

    Kalshi v. Nevada (Ninth Circuit): Ruled for Nevada in the consolidated Kalshi, Robinhood and Crypto.com (NADEX) appeals, affirming in part and remanding in part in Kalshi's case.

    Source: cdn.ca9.uscourts.govOur summary of the document

  16. No. 26-299

    New Jersey v. Kalshi: Justice Alito grants a second extension (requested July 22, 2026) to Sept. 3, 2026.

    Source: supremecourt.gov

  17. No. 26-299

    New Jersey v. Kalshi: Justice Alito extends the deadline to Aug. 4, 2026.

    Source: supremecourt.gov

  18. No. 26-299

    New Jersey v. Kalshi: New Jersey applies (No. 25A1465) to extend the filing deadline.

    Source: supremecourt.gov

  19. Third Circuit

    Kalshi v. New Jersey (Third Circuit): Affirmed the preliminary injunction barring New Jersey from enforcing its gambling laws against Kalshi's sports contracts, finding Kalshi likely to win on federal preemption.

    Source: storage.courtlistener.comOur summary of the document

The documents

The petitions and the appeals-court opinions that split on the question, each read in full and summarized.

Questions people ask

Is Kalshi's case going to the Supreme Court?
Not yet. The Supreme Court has been asked to hear it but has not agreed to. New Jersey filed a petition on Sept. 2, 2026 asking the Court to review the Third Circuit's April 6, 2026 ruling for Kalshi (Flaherty v. KalshiEX, LLC, No. 26-299). Next on the docket: Kalshi's brief in opposition is due Dec. 7, 2026.
What is the Supreme Court being asked to decide?
All the petitions ask the same question: whether the Commodity Exchange Act preempts state gambling or sports-wagering law as applied to event contracts listed on a CFTC-designated contract market.
Why might the Supreme Court take the case?
The Court's rules list a conflict between federal appeals courts on an important question as one reason it may grant review (Supreme Court Rule 10(a)). Three federal appeals courts have ruled on the question: the Third Circuit for the platforms, the Ninth Circuit and the Sixth Circuit for the states.
When will the Supreme Court decide?
It has not yet decided whether to hear any of the petitions. Under Rule 15.5, once a brief in opposition is filed the Clerk sends the petition to the Justices no sooner than 14 days later, unless the petitioner waives that wait, and the Justices vote on petitions at private conferences. If the Court agrees to hear a case, it is briefed and argued before a decision. The Court's Term begins on the first Monday in October, and its sessions usually continue until late June or early July. The next deadline on these dockets is Nov. 13, 2026.
Which states and companies are involved?
New Jersey v. Kalshi (No. 26-299, Flaherty v. KalshiEX, LLC): filed by New Jersey against Kalshi. Robinhood v. Nevada (No. 26-338, Robinhood Derivatives, LLC v. Dreitzer): filed by Robinhood against Nevada. Crypto.com (NADEX) v. Nevada (No. 26-344, North American Derivatives Exchange, Inc. v. Nevada): filed by Crypto.com against Nevada.

Sources

  1. Supreme Court docket No. 26-299
  2. Supreme Court docket No. 26-338
  3. Supreme Court docket No. 26-344
  4. Supreme Court Rule 10 (considerations governing review on certiorari)
  5. Supreme Court Rule 15 (briefs in opposition; reply briefs)
  6. Supreme Court of the United States: The Court and Its Procedures

Follow every case on the lawsuit tracker, every pending ruling on the open questions page, and federal rules on the federal page.

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