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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.

“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.

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 “When a company refuses to respect the workers who make its profits possible, we shut it down,” Thomas G Mari, president of Local 25, said in a statement. “The teamsters don’t cross picket lines and won’t be intimidated.”

Union deals have been a pressing topic for casino operators in recent years. Workers have pressed for increased benefits and job security provisions in the wake of macroeconomic uncertainty and the advent of potentially disruptive technologies like AI.

All nine of Atlantic City’s casinos agreed to new labour deals this summer without a strike, although its union opted for just one-year deals instead of the typical length of three or more years. This was in response to increased uncertainty related to looming competition from both New York City casinos and New Jersey’s own online gaming industry.

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A lot of bigger questions remain without the CLARITY Act. The bill aimed to establish a federal framework for digital commodities and delineate the roles of the SEC and the CFTC. 

Its failure also leaves unresolved disputes over prediction markets and state and tribal gaming authorities, outside a comprehensive congressional framework. Those issues took on new significance during Senate floor debate over the bill, as concerns about federal commodities oversight extended to markets typically regulated at the state or tribal level. 

The latest filing is an early step in filling some of that regulatory gap for the CFTC. The agency can issue regulations under its current statutory authority, but those regulations would not necessarily be as permanent as legislation passed by Congress.