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“Both the Third Circuit and the District of New Jersey side with Kalshi, because the CFTC’s exclusive jurisdiction prompt state law,” Lever said, adding that “nothing in New Jersey’s filing” changes that view.

Each Supreme Court term begins on the first Monday in October and runs through late June or early July. The court typically receives about 7,000-8,000 writ petitions and grants about 80, or 1%, each term. Four of the nine sitting justices must vote to accept a case. Five current justices – Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Elena Kagan, Neil Gorsuch and Sonia Sotomayor – were on the bench in 2018 for the PASPA case.

There are no SCOTUS-prediction market contracts currently on Kalshi but Polymarket lists a 41% probability that the court will accept an event contract case by 31 December.

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“You can go the combative route and ban something that’s federally regulated,” he said. “But what you’ll end up with is a bunch of customers in Texas just going offshore.”

The committee also heard from Brianne Doura-Schawohl, a nationally recognised problem gambling expert. One study cited by Doura-Schawohl found that 52% of Gen Z respondents include sports betting and prediction markets as part of their long-term financial plan.

She also criticised a Kalshi competitor for offering a function that allows minors over 17 to link an investment account with the ability to buy and sell event contracts. A former legislative director for the National Council on Problem Gambling, Doura-Schawohl described the opportunity as “very dangerous” for teenagers susceptible to harm.

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In fact, behind those brands, a whole new sector is taking shape. Data and streaming suppliers, specialist market makers and technology companies are quickly invading the space.

The investment banking and capital markets firm Jefferies said in a September report that sports had become prediction markets’ “most important liquidity driver”, with combo and parlay-style contracts accounting for an increasing share of activity. But the analysts cautioned that prediction markets are scale businesses with relatively low revenue yields, leaving their economics dependent on sustained liquidity, engagement and trading activity.

James Monk, founder of sports data and streaming provider Catalist Sports, has witnessed that dependence directly. Catalist supplies ITF tennis data to Kalshi and Polymarket and has an exclusive US sports-streaming agreement with Kalshi.