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Kalshi Supreme Court case draws amicus briefs

Ohio with 38 other states and DC, the NFL and 145 tribes file amicus briefs in New Jersey's Supreme Court petition against Kalshi (No. 26-299).

Primary source: Supreme Court of the United States, Docket 26-299: Flaherty v. KalshiEX, LLC

By CryptoRestrictions Research DeskReviewed by CryptoRestrictions Editorial ReviewUnited States

A series of outside parties filed amicus briefs between 22 September and 9 October 2026 in New Jersey’s petition asking the US Supreme Court to review its dispute with Kalshi. The Supreme Court docket for No. 26-299, Flaherty v. KalshiEX, LLC, lists every filing. We read the docket, not the briefs.

What the docket shows

New Jersey filed its petition on 2 September 2026. It challenges the Third Circuit’s ruling in Kalshi’s favour on sports event contracts. The docket then records these amicus filings:

  • 22 September: National Council of Legislators from Gaming States
  • 2 October: International Association of Gaming Regulators and others
  • 6 October: Cabazon Band of Cahuilla Indians
  • 7 October: Ohio, 38 other states and the District of Columbia; Stop Predatory Gambling and others
  • 8 October: the National Football League; 145 Indian tribes and tribal organizations; former CFTC Chairman Gary Gensler; former Senator Christopher Dodd; the American Gaming Association
  • 9 October: the Casino Association of New Jersey

Kalshi’s response was due on 8 October. The Court granted an extension on 22 September, so it is now due on 9 November 2026. The docket shows no order on the petition yet.

Why it matters

The petition follows a split between appeals courts. The Sixth Circuit ruled against Kalshi on 25 September, while the Third Circuit sided with it. If the Court takes the case, it could settle whether state gambling law applies to these contracts.

What changes in our data

Nothing. The docket records filings, not rulings, and no court has changed where Kalshi may operate. Our Kalshi data keeps its current state-level limits. We will log a decision on the petition when the Court issues one.

Sources

Current verified status

Live data from the restrictions dataset for the platforms and countries named in this update.

PlatformCountryStatus
KalshiUnited StatesLimited

Source

Docket 26-299: Flaherty v. KalshiEX, LLCSupreme Court of the United States · Last checked 28 Sep 2026
supremecourt.gov ↗

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