Who Filed in Flaherty v. KalshiEX: The Supreme Court Amicus Wave
October 15, 2026 · How we source this
The NFL, a 39-state coalition led by Ohio, Gary Gensler and Chris Dodd have all urged the Supreme Court to hear New Jersey's petition in No. 26-299. Here is who filed, what they argued, and what comes next.
The petition behind the briefs
New Jersey has asked the Supreme Court to review the Third Circuit's decision in Flaherty v. KalshiEX, LLC, No. 26-299. The Third Circuit's ruling left in place an injunction barring New Jersey from enforcing its sports betting laws against Kalshi.
Amicus briefs at this stage do not decide the merits. They tell the Court why the question matters beyond the parties, which is central to whether it takes the case.
The state coalition
Ohio, led by Attorney General Andrew Wilson, joined 38 other states and the District of Columbia in a brief filed October 7, 2026. Trade press reported that it asks the Court to reject the two-step preemption theory advanced by operators.
The coalition's count of lower-court decisions, reported as split 18-4 against preemption, is its own characterisation. We have not independently verified that figure.
The NFL's argument
The NFL filed on October 8, according to CoinDesk, though outlets differ on whether the date was October 7 or 8. The league says its requests to the CFTC on sports-wagering practices went unanswered.
It argues that single-player outcomes can be manipulated, that users under 21 can trade, and that the CFTC lacks the staff to police the markets. It asked the Court to act quickly.
Gensler, Dodd and the statutory-history argument
Former CFTC Chair Gary Gensler and former Sen. Chris Dodd, a Dodd-Frank sponsor, also filed. Per CoinDesk, they argue that Congress did not shift jurisdiction over sports betting from the states to the CFTC.
This is a statutory-history argument rather than a policy one. It goes to what Dodd-Frank was meant to do, and it comes from people who were present for it.
Responses and the calendar
The CFTC told CoinDesk it has engaged with the NFL on its rulemaking agenda and called the league's decision not to reach an information-sharing arrangement unfortunate. Kalshi said it has sought collaboration with the NFL and has data-sharing partnerships with MLB and the NHL.
Kalshi's brief in opposition is due November 9, 2026, and the Court has not acted on the petition. The CFTC's October 9 swap-definition rules, covered separately, add a new fact to the record while the petition is pending.