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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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Online gambling participation over four weeks reached 39% (16% excluding lottery-only players), while in-person gambling participation was 29% (18% excluding lottery-only players). 

Top non-lottery activities during the period included scratchcards (13%), betting (10%) and online instant win games (8%). 

Betting skewed male, with 16% of men gambling on betting compared to 4% of women. Age-wise, overall gambling participation peaked among 45- to 64-year-olds (56%-59%), when excluding lotteries the highest participation was among 35- to 44-year-olds (35%). 

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Papanier said the components of Bally’s Chicago that are being “reset and re-contemplated” are “all in conjunction with the proliferation of VGTs”. While the current number of licences is low, he asserted that widespread proliferation could result in a “30% to 50% impact on top-line revenue” for the casino and it would be “irresponsible” to continue construction “until we understand what the landscape looks like”.

Bally’s stock jumped 7% in trading on Monday to $9.84. Shares had fallen 30% in the last month in response to uncertainty in Chicago and warnings about the company’s ability to continue as a growing concern in its Q2 earnings report. Former CFO Mira Mircheva resigned on 4 September, prompting Papanier to take over the role on an interim basis.

The VGT dispute and construction reset are the latest chapters in a long and bumpy road for Bally’s since winning Chicago’s sole casino licence in 2022. Work has been halted for debris overflow and for unapproved contractors, and the company faced an $800 million funding gap that was eventually filled through a financing agreement with Gaming and Leisure Properties. Potential interference with city water lines also necessitated a significant redesign of the hotel plan.