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In a statement, Kalshi spokesperson Dani Lever said the platform is “an open, nationwide, financial exchange” that “cannot be regulated by 50 different regulators”, per CDC Gaming.
“Both the Third Circuit and the District of New Jersey side with Kalshi, because the CFTC’s exclusive jurisdiction prompt state law,” Lever said, adding that “nothing in New Jersey’s filing” changes that view.
Each Supreme Court term begins on the first Monday in October and runs through late June or early July. The court typically receives about 7,000-8,000 writ petitions and grants about 80, or 1%, each term. Four of the nine sitting justices must vote to accept a case. Five current justices – Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Elena Kagan, Neil Gorsuch and Sonia Sotomayor – were on the bench in 2018 for the PASPA case.
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However, some media industry observers have questioned whether trading activity can reliably stand in for broader public opinion. There are also concerns among critics over the growing links between news organizations and prediction platforms.
At the same time, prediction market operators are facing regulatory tussles in the US. State regulators are moving to shut down the firms under gambling laws. The companies say their contracts should be regulated at the federal level as derivatives.
However, the sector has grown substantially despite such disputes. Bernstein predicted in April that annual prediction market volume could reach $1 trillion by 2030. The research estimated volume was around $51 billion in 2025 and could grow to around $240 billion in 2026.
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Taking a deeper look at these restrictive driving black market activity, up to 46% of the markets covered in the report enforced “significant advertising restrictions” on the regulated market, including in Belgium, Bulgaria, Coratia, Cyprus, Germany, Italy, Latvia, Lithuania, Montenegro, the Netherlands, Poland, Romania and Spain.
Additionally the report cited taxing consumers (in 29% of the 28 markets covered), and banned products (14%), were also propelling growth in illegal gambling. A lack of choice, due to monopolies in place in five markets has also driven the rise.
Players typically play across various verticals, and by imposing restrictions on specific verticals or betting markets, engaged customers will look elsewhere to access these activities.