Justice Samuel Alito has granted New Jersey a second extension of time through September 3, 2026 to file its certiorari petition seeking Supreme Court review of the Third Circuit’s ruling in the Kalshi prediction markets case, after initially declining to grant the state a full 60-day enlargement.
After his earlier refusal to grant the complete extension New Jersey had sought, Alito relented and set the state’s revised deadline at September 3, 2026 – giving New Jersey additional runway to mount its Supreme Court challenge to the appellate court decision.
The underlying dispute centres on whether Kalshi’s sports-related event contracts fall under federal commodities oversight or remain subject to state gaming prohibition. New Jersey has pursued the question through the courts, and the cert petition – if filed – would ask the justices to take up the Third Circuit ruling in the Kalshi v. NJ prediction markets case.
A procedural extension of this kind does not touch the merits of the case; it preserves New Jersey’s ability to file the cert petition. New Jersey will have until its new deadline to file before the Court decides whether to take the matter.
Petra Vanhoof has spent the better part of a decade following the shifting tides of gambling regulation across Europe and beyond. She came up through the compliance side of the industry before pivoting to writing, which gives her a grounded, no-nonsense perspective on the rules, loopholes, and political maneuvering that shape how operators actually do business. She is particularly drawn to the gap between what regulators say and what the market ends up doing in response.