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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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Funds held in customer accounts also declined sharply. Operators held £886.6 million ($1.19 billion), down 13.9% from the same point a year earlier.
Retail betting diverged significantly from the wider market, with non-remote betting GGY falling 3.3% to £2.4 billion ($3.2 billion). The number of betting shops dropped for a 12th consecutive reporting period to 5,617 premises—a 3.6% annual decline (down 208 shops from March 2025).
Other retail sectors performed better. Bingo GGY increased 8.2% to £703.8 million ($941.8 million), while arcade GGY rose 10.7% to £800.1 million ($1.07 billion).
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The Polymarket water tower can be seen from I-94, but isn’t overly prominent, as the interstate passes beneath three bridges—Concord Avenue, train tracks, and a service road—near the Mount Elliott exit.
But the advertisement is still garnering plenty of attention online and in the news, with the controversy surrounding the Polymarket branding a major topic of discussion in prediction market and gaming circles.
A man who answered the phone at Mount Elliott Crushing said he was unaware of any controversy involving Polymarket and the state.