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“Both the Third Circuit and the District of New Jersey side with Kalshi, because the CFTC’s exclusive jurisdiction prompt state law,” Lever said, adding that “nothing in New Jersey’s filing” changes that view.
Each Supreme Court term begins on the first Monday in October and runs through late June or early July. The court typically receives about 7,000-8,000 writ petitions and grants about 80, or 1%, each term. Four of the nine sitting justices must vote to accept a case. Five current justices – Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Elena Kagan, Neil Gorsuch and Sonia Sotomayor – were on the bench in 2018 for the PASPA case.
There are no SCOTUS-prediction market contracts currently on Kalshi but Polymarket lists a 41% probability that the court will accept an event contract case by 31 December.
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Prediction market volume attributable to “takers”—recreational and retail traders who pull liquidity from exchanges—is forecast to reach $190 billion this year.
That estimate arrives courtesy of Macquarie and is well ahead of the research firm’s previous estimate of $169 billion in 2026 taker volume.
Takers is a prediction market industry colloquialism for the market participants that swiftly fill buy and sell orders, thus removing liquidity from the marketplace. Conversely, makers are the market participants viewed as liquidity providers and professional or sharp money.
How to play Surf Zone
A customer might buy a team at 55 or 56 cents expecting the price to rise to 58 or 59 cents, he explains. If it falls to 45 cents instead, the trader may refuse to accept the loss and continue holding the position.
“People will lose money faster on exchanges for lots of reasons,” Marantelli says. “It inherently increases spend, volatility, lots of things. And you’re playing against a sharper audience than you’re playing against at the DraftKings sportsbook.”
He compares the effect with sportsbook cash-out features, which gave customers more apparent control over their bets but may also have encouraged greater spending. The crucial difference is that an exchange customer can be facing a specialist whose entire business is identifying inaccurately priced contracts.