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On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.
The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.
There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.
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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.
As Macquarie analyst Chad Beynon points out, prediction markets generated $4.3 billion in taker volume during the first week of September without any help from the NFL, building on momentum from the 2026 World Cup. However, the NFL’s impact was immediate, with taker volume hitting a daily record during Week 1 of the campaign.
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“Scott is a beloved member of the Luxor and MGM Resorts family, and we are relieved to hear that he is recovering,” an MGM Resorts spokesman told news outlets on Friday night. “We are thinking of him and wish him strength as he receives the care and support he needs.”
Carrot Top’s Friday and Saturday (Sept. 19) shows at Luxor’s Atrium Showroom were canceled. The residency is dark on Sundays.
The Florida native—known on his driver’s license as Scott Thompson—was facing legal troubles, according to news reports.