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Supreme Court extends response deadline in Kalshi case to 9 November

The extension was granted on 22 September; nine amicus briefs are on the docket in the dispute over sports event contracts.

Cover card: United States · Briefs filed · US Supreme Court

Kalshi has a month longer than first set to answer New Jersey’s Supreme Court petition over sports event contracts. The US Supreme Court extended the deadline to 9 November 2026 on 22 September, according to its docket in Case No. 26-299, Flaherty v. KalshiEX, LLC.

Event contracts pay out depending on whether a stated event happens, and are traded on a prediction market.

The details

Mary Jo Flaherty and Jennifer Davenport, the petitioners, filed a petition for a writ of certiorari (a request that the court hear the case) on 2 September 2026. The response had been due on 8 October. Kalshi asked for more time on 18 September.

The petition itself came after two extensions of the filing deadline, granted by Justice Alito on 1 July and 24 July, which moved it from 5 July to 3 September.

Nine amicus briefs (briefs from parties not in the case) are on the docket, filed between 22 September and 8 October:

  • The National Council of Legislators from Gaming States (22 September)
  • The International Association of Gaming Regulators and the North American Gaming Regulators Association (2 October)
  • Cabazon Band of Cahuilla Indians (6 October)
  • Ohio, 38 other states and the District of Columbia (7 October)
  • Stop Predatory Gambling, the Association of American Physicians and Surgeons, and Texans Against Gambling (7 October)
  • Former Senator Christopher J. Dodd (8 October)
  • 145 Indian Tribes and Tribal Organizations (8 October)
  • The National Football League (8 October)
  • Former CFTC Chairman Gary Gensler (8 October)

The American Gaming Association and the Casino Association of New Jersey are also listed as other attorneys’ clients on the docket. The docket does not show which side each brief supports, nor any brief filed by Kalshi.

The big picture

Two of these briefs are covered in our own stories. Ohio and 38 other states backed New Jersey, and the NFL argued that a swap does not cover sports event contracts.

What’s next

The docket does not show a date for the court to decide whether to hear the case.

Source

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Supreme Court of the United States

Drafted with AI assistance from a document published by the US Supreme Court and reviewed by our editors before publication. How we work

Event contractA derivative contract whose payoff depends on a specified event, occurrence or value, for example whether it rains tomorrow or what an economic indicator will be. It is the product traded on prediction markets.Full entry in the glossary
Prediction marketA market where people trade contracts on the outcome of future events, such as an election result, an interest rate decision or a sports game. In the United States regulated prediction markets are overseen by the Commodity Futures Trading Commission (CFTC).Full entry in the glossary