The NFL is urging the U.S. Supreme Court to take up a contested legal battle over prediction markets, arguing that the federal regulator overseeing the industry may not be equipped to protect the integrity of sports. The league's amicus brief, filed Thursday, supports New Jersey's request for a Supreme Court review of whether prediction markets' sports-event contracts, which mimic traditional sports betting, fall under the authority of state gambling regulators.
Attorneys general for 39 states and the District of Columbia filed a separate brief on Wednesday supporting New Jersey. A league source told ESPN that the NFL's primary goal is for the court to provide clarity quickly, and that it would accept a federal framework if that framework offered the same regulatory approach as the states.
In September, New Jersey asked the Supreme Court to review the dispute after federal appeals courts reached opposing rulings on whether states can enforce gambling laws against Kalshi, a leading U.S. prediction market. The 3rd U.S. Circuit Court of Appeals ruled against New Jersey and barred it from enforcing its gambling laws, while the 9th Circuit ruled against Kalshi in Nevada and said sports contracts fall under state law. Kalshi has until Nov. 9 to respond, and the Supreme Court is not expected to decide whether to take the case until December at the earliest.
The league noted that on the first Sunday of the 2026 season, $1.8 billion of the $3.3 billion in prediction market trading volume was tied to the NFL. The NFL argues that the court must act now, writing that "billions of dollars will be bet on NFL games through prediction markets each season." The league says the Commodity Futures Trading Commission has failed to act on contracts it has flagged, including those tied to officiating and those easily manipulated by a single person. The CFTC responded that the NFL declined to sign a memorandum of understanding that would have enabled closer cooperation, while the industry coalition said federal oversight is already in place.
Source: ESPN NFL · Summarized by HeadlinesBriefing