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Just eight years after the state of New Jersey successfully petitioned the US Supreme Court to repeal the Professional and Amateur Sports Protection Act, which opened the floodgates of sports betting expansion across the country, the Garden State has again petitioned the high court, this time to defend its sports betting jurisdiction against the rise of prediction markets and sports event contracts.

On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.

The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.

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Nederlandse Loterij has welcomed government proposals aimed at expanding the Gambling Authority’s powers to combat illegal operators but has cautioned that comprehensive legislative changes could take years to become effective.

Blok called for more decisive immediate action, saying: “The government must act now through criminal prosecutions by the Public Prosecution Service, alongside measures taken by regulators and licensed operators. 

“Tackling illegal gambling requires joint responsibility from banks, payment providers and hosting services who facilitate these platforms.”

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As Macquarie analyst Chad Beynon points out, prediction markets generated $4.3 billion in taker volume during the first week of September without any help from the NFL, building on momentum from the 2026 World Cup. However, the NFL’s impact was immediate, with taker volume hitting a daily record during Week 1 of the campaign.

With all that in mind, it’s not surprising that Macquarie expects sports event contracts will drive approximately 80% of taker volume this year, but Beynon sees other categories growing over the long term.

“We expect non-sports categories such as economics, politics, crypto, and entertainment to gain share over time,” says the analyst.