NFL supports New Jersey’s Supreme Court appeal over Kalshi event contracts
The NFL has filed a brief backing New Jersey officials who want the U.S. Supreme Court to review whether sports event contracts from prediction-market firm Kalshi fall under state gambling laws or federal commodities oversight. The league cited game-integrity and consumer-protection concerns, noting that NFL-related contracts made up a large share of prediction-market trading on the season’s first Sunday. Thirty-nine states and the District of Columbia also filed a brief supporting New Jersey, asking the justices to resolve a regulatory turf war between states and the CFTC.
The NFL filed a brief Wednesday backing New Jersey’s Supreme Court petition. State Attorney General Jennifer Davenport and interim gaming enforcement director Mary Jo Flaherty ask whether sports event contracts, such as Kalshi’s, fall under state gambling laws or CFTC commodities oversight. The NFL wants justices to decide if sports-linked contracts are “swaps.”
Brief data showed NFL-related contracts made up about $1.8 billion of $3.3 billion in prediction-market trading on football’s opening Sunday. The league cited possible manipulation by one player, coach or official. Thirty-nine states and D.C. also supported New Jersey. Kalshi’s response is due Nov. 9.
If the Supreme Court takes the case, its ruling could reshape how sports event contracts are regulated, affecting prediction-market users, sports fans, leagues, state gaming agencies and the CFTC. Greater state authority may lead to tighter local oversight, while federal control could produce more uniform rules. The outcome may influence consumer protections, market access and integrity monitoring, though the practical effects would depend on how courts define these contracts and allocate regulatory responsibility.