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FollowingThe NFL backs New Jersey in bringing the Supreme Court to hear the forecast market sports betting case
In an amicus curiae brief filed with the U.S. Supreme Court on Wednesday, the National Football League (NFL) called on the justices to grant cert applications filed by New Jersey Attorney General Jennifer Davenport and interim director of betting enforcement Mary Jo Flahti. The action is in response to New Jersey officials 'request for a court hearing of their case against Kalshi, which is expected to resolve the issue of whether the jurisdiction of Prediction Markets belongs to state authorities or federal agencies.
The NFL supported many of the New Jersey authorities 'arguments, including that the case involved possible problems with labeling sporting event contracts on forecast market platforms as "swap contracts" and argued that they should be reviewed to "maintain game integrity" and "protect customers." The group cited data showing that on the first Sunday of the football season,"more than half of all forecast market trading volume," or $1.8 billion of the $3.3 billion, was related to the NFL.
According to the NFL, many sporting event contracts on Kalshi and other platforms are "highly susceptible to manipulation" or "inherently offensive." "In the NFL's view, these bets pose the greatest threat to the integrity of the game, because many bets can be manipulated by a single person, especially if known in advance-for example, players can change their performance, coaches can change the team's lineup, or referees can make (or refrain from making) certain calls," the amicus curiae brief wrote.
2027 Super Bowl event contract. Source: KalshiRelated: New York State sues Polymarket for alleged illegal gambling business
The NFL also pointed out that the Commodity Futures Trading Commission (CFTC) lacked what it called "reasonable safeguards" against incident contracts. Federalizing sports betting regulation rather than leaving it to individual U.S. state authorities is a "major issue" that the Supreme Court should consider.
As of Thursday, the Supreme Court had not announced whether it planned to hear the case. Kalshi received permission to extend the response period, and the company did not have a chance to respond until November 9 on issues such as jurisdiction, manipulable incident contracts and consumer protection.
States want Supreme Court to clarify forecast markets
On Wednesday, 39 U.S. states and Washington, D.C., also filed amicus curiae briefs supporting New Jersey's position, saying conflicts between the CFTC and state authorities over forecast markets have led to a "nationwide territorial battle" that cannot be resolved without the Supreme Court's answer. "Waiting too long to address this issue will escalate the regulatory dispute between the federal and state," the briefing said. "The ongoing power struggle between states and the CFTC highlights the unpredictability of applicable laws and those to whom they apply. In this case, and in the many cases that will arise in the future, the Supreme Court should step in to resolve differences between circuit courts, provide guidance to lower courts, clarify the CFTC's authority, and provide much-needed answers to questions raised."
Kalshi spokesman Dani Lever told Cointelegraph after the New Jersey filing in September that the company cannot be regulated by "50 different regulators."
It is unclear whether the Supreme Court will accept the forecast market issue. Although New Jersey officials were among the first to bring Kalshi's case to the Supreme Court for consideration, there are still many cases of state action against Prediction Markets companies that could still face appeal.
