Supreme Court Releases First 2026-27 Term Docket Without Prediction Market Cases
Supreme Court omits prediction market petitions from first 2026-27 docket after long conference. Responses remain due, with Kalshi extended to Nov. 9 in New Jersey matter. Conflicting Third and Ninth Circuit rulings set stage for possible later certiorari and 2028 resolution.
SCCG Take — Prediction market operators gain runway before any nationwide clarity from the Court. Regulators should track Solicitor General input for signals favoring CFTC primacy over fragmented state enforcement.
The Supreme Court published its first list of cases for the 2026-27 term on Thursday. The initial list contained three cases. None involved prediction markets.
The court faces petitions stemming from conflicting circuit rulings on state gambling laws applied to sports event contracts. The Third Circuit held that New Jersey could not enforce its laws in this area. The Ninth Circuit ruled that Nevada could enforce its sports betting laws. New Jersey filed a petition for certiorari after the Third Circuit decision. Robinhood did the same after the Ninth Circuit ruling, according to reporting by InGame.
This absence from the initial docket was expected. Responses are still due in both matters. The court’s first “long conference” of the 2026-27 term was Monday. Kalshi obtained a 30-day extension in the New Jersey case. Its response is now due Nov. 8.
Expect to Wait Further
Supreme Court terms run from October until late June or early July. The court takes a summer recess. Last cases heard are typically in late June.
Nova Southeastern University Law Professor Bob Jarvis told InGame the court could seek the Solicitor General’s views because the matter involves federal law. In this situation, we know that the Solicitor General will say that the case either should not be taken or should be taken and affirmed, because Trump has made it clear that he wants the CFTC to be in charge of prediction markets so that they can keep operating as they have been doing. Because the Sixth and Ninth Circuits have come out opposite of the Third Circuit, I suspect the Solicitor General will say that the case should be taken and affirmed, which would then negate the rulings by the Sixth and the Ninth (and make it clear to all the other circuits how they should rule). If that occurs, acceptance this term could still mean argument next term and that could push a final decision back to 2028.
En Banc Petition May Slow Nevada Case
Kalshi has sought en banc review by an 11-judge Ninth Circuit panel in the Nevada matter rather than solely pursuing Supreme Court review. The court may await the outcome of that request. The Sixth Circuit has ruled against Kalshi. Cases in the Second, Fourth, Seventh, Eighth, and Tenth Circuits are also pending. Tribal disputes, including a Ninth Circuit decision against Kalshi involving the Blue Lake Rancheria and Chicken Ranch Rancheria of Me-Wuk Indians, could factor in as well.
Reporting: InGame
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