Conquer Babylon

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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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“Recent launches, including customizable same-game parlays (SGPs), further support our view that Prediction Markets (PM) are increasingly converging with traditional sportsbooks,” observes Macquarie analyst Chad Beynon. “As a result, we now estimate total US PM taker volume to reach $190 billion in 2026E (vs $169 billion prior).”

If the research firm’s $190 billion taker volume estimate proves accurate, it’d represent a more than eightfold increase from the $22 billion taker turnover seen last year.

Potentially boding well for the Macquarie forecast are at least two factors. First, there are signs of turnover increases across a variety of yes/no exchanges. Second, volume surged to start September with those spikes arriving even before the NFL season kicked off.

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The $10 trillion forecast also implies significant growth in just five years from what previously stood as some of the most optimistic 2030 projections. In April, Bernstein estimated prediction market volume will ascend to $1 trillion by 2030 while Bank of America said prediction markets will eventually grow to $1.1 trillion in yearly turnover. A July report from Macquarie analyst Chad Beynon included a $1.5 trillion annual volume forecast by 2030.

If Bernstein’s $10 trillion prediction market turnover forecast is realized or exceeded, it’d likely prove significant in revenue terms because the research firm previously estimated that $1 trillion in yearly activity could generate as much as $10.8 billion in revenue for operators.

As has been widely documented, sports event contracts are currently the lifeblood of the prediction market industry, but Bernstein notes that won’t be the case on a permanent basis. In fact, the research firm estimates that sports derivatives’ share of industry volume will decline to 35% in 2035, indicating that the aforementioned volume increase will be led by other categories.