New Jersey residents can currently access Kalshi and other prediction market platforms. A federal appeals court ruled in Kalshi's favor on April 6, 2026 — but today, August 4, is the deadline for New Jersey to ask the Supreme Court to review that decision.
Kalshi is fully operational in New Jersey. The Third Circuit's April 6, 2026 preliminary injunction bars the state from enforcing its gambling laws against Kalshi's sports-related event contracts on CFTC-licensed exchanges.
New Jersey's deadline to petition the U.S. Supreme Court for review is August 4, 2026 — today. Filing a cert petition would not immediately change Kalshi's operational status. The preliminary injunction remains in effect unless a court orders otherwise.
Always confirm current availability at each platform's official site. Legal status can change with new court orders.
Fully operational — Third Circuit preliminary injunction protects access
Visit official sitePlatform data sourced from official platform sites and court records. Confirm availability before trading.
Writing for the majority on April 6, 2026, Judge David J. Porter, Chief Judge Michael A. Chagares held two things:
Source: KalshiEX LLC v. Flaherty, No. 25-1922 — Read opinion (ca3.uscourts.gov)
New Jersey's Solicitor General Jeremy M. Feigenbaum filed an application with the Supreme Court on June 26, 2026 — docketed June 30 as Flaherty v. KalshiEX, LLC, SCOTUS Appl. No. 25A1465 — requesting extra time to file a petition for writ of certiorari. This was not the cert petition itself; it was only a request for a deadline extension.
Justice Alito granted a shorter extension than New Jersey requested, setting the deadline at 2026-08-04 instead of the September 3 date the state sought. New Jersey's filing cited imminent Sixth Circuit rulings (Ohio and Tennessee consolidated appeals, argued July 30) as a reason for the extension — the state wanted to know whether a circuit split existed before deciding how to frame its petition.
Filing a petition does not mean the Court will take the case. Four of nine justices must agree to grant certiorari. Legal experts widely expect the Court to wait for a cleaner circuit split — possibly from the Ninth or Sixth Circuit — before intervening. But a NJ filing today would place this case on the SCOTUS docket for the first time in prediction markets history.
Source: supremecourt.gov docket PDF (Appl. No. 25A1465, filed June 26, 2026); CourtListener docket
NJ does not file — deadline passes
The Third Circuit ruling stands. Kalshi remains protected by the preliminary injunction in NJ. The case can still continue at the district level for a final merits ruling.
NJ files — SCOTUS denies cert
Third Circuit ruling stands. Kalshi continues operating in NJ. Most legal observers view this as the more likely near-term outcome absent a circuit split.
NJ files — SCOTUS grants cert
Historic first: the Supreme Court would take up prediction markets regulation. A ruling either way would set national ground rules for CFTC vs. state authority. The preliminary injunction typically stays in effect pending SCOTUS review. Full briefing and argument would take months.
3rd Circuit (NJ) — 2-1 for Kalshi; field & conflict preemption. First federal appellate ruling for Kalshi.
D.N.J. (NJ) — Preliminary injunction granted; district court sided with Kalshi.
M.D. Tenn. (TN) — District court sided with Kalshi on different preemption theory.
S.D.N.Y. (NY) — Judge Torres ruled CEA does not preempt NY under any preemption theory (Jul 7, 2026). Appeal pending.
D. Nev. (NV) — Court dissolved prior pro-Kalshi order; TRO blocking Kalshi stands.
W.D. Wash. (WA) — Preliminary injunction blocking Kalshi; Aug 5 enforcement.
The conflicting district-court results and the imminent Sixth Circuit ruling (Ohio & Tennessee) are building the circuit split that legal experts say the Supreme Court will need before granting certiorari.
New Jersey Division of Gaming Enforcement issues cease-and-desist letter after Kalshi begins offering sports-related event contracts.
Kalshi files suit in D.N.J. (No. 1:25-cv-02152, Judge Edward S. Kiel) seeking preliminary injunction to block NJ enforcement.
Judge Kiel grants Kalshi's preliminary injunction, finding CFTC likely has exclusive jurisdiction over sports-related event contracts on DCMs.
Third Circuit hears argument in KalshiEX LLC v. Flaherty, No. 25-1922.
KalshiEX LLC v. Flaherty, No. 25-1922: Majority (Judge David J. Porter, Chief Judge Michael A. Chagares) holds CEA field-preempts and conflict-preempts NJ gambling laws as applied to sports-related event contracts on CFTC-licensed DCMs. Judge Jane R. Roth dissents.
NJ Solicitor General Jeremy M. Feigenbaum applies to Justice Alito for additional time to petition the Supreme Court (SCOTUS Appl. No. 25A1465), citing imminent Sixth Circuit rulings.
Justice Alito grants a shorter extension than NJ requested — deadline set to 2026-08-04, not the September 3 date NJ sought.
Sixth Circuit hears consolidated Ohio and Tennessee appeals — a ruling against Kalshi would create the circuit split needed to accelerate a SCOTUS petition.
Today is the deadline for NJ to file a petition for writ of certiorari in Flaherty v. KalshiEX. Whether NJ files — and whether SCOTUS takes the case — remains to be seen.
King County preliminary injunction; Aug 5 enforcement deadline.
TRO and ongoing litigation; AG Nessel v. Kalshi.
TRO in place; federal CFTC suit pending.
50-state access map and regulatory status for all platforms.
How federal legislation could override state-by-state litigation.
SDNY Judges Rakoff and Marrero both denied CFTC emergency motions Aug 3.
