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“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.

“Just eight years ago, this court reiterated that ‘each state is free to act on its own’ in regulating sports betting,” the petition says. “But Kalshi has a different view. Kalshi bills itself as ‘the first app for legal sports betting in all 50 states’ and believes it can offer that legal sports betting without following the sports-gambling laws of any of those 50 states.”

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Atucha praises the regulation and the regulators themselves for making entry into the market easy, as well as allowing them to be competitive against illegal operators. But the market hasn’t been without its challenges.

A 1% selective consumption tax (ISC) on the value of every online bet has been in force since 1 July 2025, after the original policy was scrapped from proposed regulations in July 2021.

Atucha warns that regulations are often perceived as operator-friendly at the start before governments begin looking to squeeze licensed sectors, likening the process to “boiling a frog”. He has observed similar scenarios in other LatAm markets, with tax increases occurring in Brazil, Colombia and Mexico in the last couple of years.