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Supreme Court Leaves Prediction Market Cases Off First Docket of New Term

The Supreme Court’s first case list for its new term does not include the prediction market disputes involving New Jersey and Robinhood, though the petitions could still be taken up later.
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  • The U.S. Supreme Court has excluded prediction market disputes from its first case list for the new term, leaving the deepening federal circuit split over whether states can enforce gambling laws against sports event contracts unresolved for the time being.
  • The court’s decision to bypass the initial petitions—which stem from conflicting rulings where the Third Circuit blocked New Jersey from enforcing its gambling laws, while the Ninth Circuit upheld Nevada‘s right to regulate platforms like Robinhood—means the prediction market industry remains in jurisdictional limbo as operators wait to see if the justices will take up the high-stakes issue later this term.

The U.S. Supreme Court did not include any prediction market disputes on its first case list for the new term, leaving in place for now uncertainty over how far states can go in applying gambling laws to sports event contracts.

That matters because the court has been asked to review two petitions tied to conflicting federal appeals court rulings, one involving New Jersey and another involving Robinhood and Nevada. According to CDC Gaming, the justices could still take up a prediction market case later in the term, but likely not in the next few weeks.

Conflicting circuit rulings remain unresolved

The petitions stem from a split between the Third Circuit and the Ninth Circuit on whether states can enforce gambling-related laws against sports event contracts.

In the Third Circuit case, the court ruled that New Jersey could not apply its gambling laws to sports event contracts. New Jersey then filed a petition for a writ of certiorari asking the Supreme Court to review that decision.

In the Ninth Circuit matter, the court ruled that Nevada could enforce its sports betting laws. Robinhood separately filed a petition for a writ of certiorari asking the justices to review that ruling.

The Supreme Court’s decision not to place either matter on its first docket does not end the issue. It means only that neither petition was among the first batch of cases selected for the term.

What to watch next in the term

For operators, regulators and prediction market observers, the next key question is whether the court decides later in the term to hear either case.

If the justices do take one up, the review could offer guidance on how state gambling enforcement applies to sports event contracts, an issue now producing different outcomes in different federal circuits.

For now, the legal split remains unresolved:

  • The Third Circuit said New Jersey could not enforce its gambling laws in the case before it.
  • The Ninth Circuit said Nevada could enforce its sports betting laws in the separate case before it.
  • The Supreme Court has not yet agreed to review either dispute.

That leaves the industry waiting for future orders from the court later this term, which will determine whether the justices step into a growing fight over prediction markets and state gambling authority.

Source: As reported by cdcgaming.com.

About the Author
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Joe Boozell is a Content Editor at Bonus.com. He specializes in online casino and sportsbook bonus strategy, sweepstakes casinos, and U.S. gambling legislation, with a focus on evaluating real player value. Over the past decade, he has managed and produced iGaming content across national and state-level brands, including PlayUSA and several regional Play markets. He also spent five years as a Lead Writer for NCAA.com covering college basketball. Find more of Joe’s work at Bonus.com and across the Play network of gambling sites.

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