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There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.

“We’re calling on the Supreme Court to resolve this issue and recognise that Congress did not silently make the sports-betting industry immune from state law,” Davenport said in a statement.

New Jersey stakeholders are no stranger to the importance of a Supreme Court review. The state lost every case in the lead-up to the PASPA repeal, except for the one that mattered most in the end, and it could be the same in this matter as Kalshi has prevailed thus far in state court and the Third Circuit. Davenport’s petition cites that fateful PASPA ruling in its introduction.

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Kalshi has imposed strict protocols for customer sign-up, which includes proof of US residency, along with a US tax identification number. The operator also requires traders to complete a robust know-your-customer check before trading on its site.

Per a nine-page member agreement issued by Kalshi in June, users are required to acknowledge that they are prohibited from trading on event contracts if domiciled in roughly three dozen countries. Australia, by way of the ASIC ban, received inclusion on the list. Under the agreement, Kalshi reserves the right to deny users access to its platform in the restricted jurisdictions.

In a statement released in August, ASIC Commissioner Alan Kirkland wrote that users who opt to engage with overseas operators may miss out on “protections” afforded to them on Australian soil. Another regulator, the Australian Communications and Media Authority, banned Polymarket from operating nationwide in 2025. According to the agency, Polymarket violated the Interactive Gaming Act of 2001 by accepting in-play betting on sports events.

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