Is Kalshi legal in New Jersey? Yes, for now. New Jersey tried to stop Kalshi’s sports contracts, but a federal appeals court ruled for Kalshi in April 2026. New Jersey has asked the US Supreme Court to overturn that ruling. This guide sets out where things stand, as of October 28, 2026.
At a glance
| Platform | New Jersey status (Oct 2026) |
|---|---|
| Kalshi | Available under a preliminary injunction upheld by the Third Circuit; New Jersey has asked the Supreme Court to review |
| Polymarket US | No New Jersey enforcement action found |
| Sportsbooks | Legal and licensed |
What’s happened in New Jersey
- In April 2026 the Third Circuit ruled 2–1 for Kalshi, upholding a preliminary injunction that keeps New Jersey from enforcing its gambling law against Kalshi’s sports contracts while the case continues.
- New Jersey petitioned the Supreme Court on September 2, 2026 (Flaherty v. KalshiEX, No. 26-299). Supporting briefs were filed by states, the NFL, the American Gaming Association, 145 tribes and others. Kalshi’s response is due November 9, 2026, and the Court hadn’t decided whether to hear the case when we checked.
Sources, checked October 28, 2026:
- InGame: New Jersey’s Supreme Court petition and the Third Circuit ruling (Sep 4, 2026)
- US Supreme Court docket 26-299, Flaherty v. KalshiEX (checked Oct 28, 2026)
- Fox Sports: prediction market status by state (Oct 5, 2026)
Why it matters
The Third Circuit is the only federal appeals court so far to side with Kalshi on sports contracts, which put it in direct conflict with the Ninth and Sixth Circuits. The national picture, including the split between federal appeals courts and New Jersey’s Supreme Court petition, is in Is Kalshi legal?
FAQ
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Related: Is Kalshi legal? · Odds the Supreme Court takes the case · Are prediction markets gambling? · Pennsylvania · All legal guides