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Each Supreme Court term begins on the first Monday in October and runs through late June or early July. The court typically receives about 7,000-8,000 writ petitions and grants about 80, or 1%, each term. Four of the nine sitting justices must vote to accept a case. Five current justices – Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Elena Kagan, Neil Gorsuch and Sonia Sotomayor – were on the bench in 2018 for the PASPA case.
There are no SCOTUS-prediction market contracts currently on Kalshi but Polymarket lists a 41% probability that the court will accept an event contract case by 31 December.
A hearing before the Supreme Court would be the culmination of what has been the biggest sports betting-related development since PASPA. Perhaps no other issue has united gaming stakeholders from various companies, tribes, states and regulators.
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For all the hoopla surrounding prediction markets and expectations that the industry will eat away at sportsbooks’ NFL handle this season, the old guard industry is expected to control nearly 80% of pro football wagers this year.
Eilers & Krejcik Gaming (EKG) estimates that bettors will plunk down $40.5 billion on the NFL this season through regulated channels. Traditional sportsbooks are projected to capture $31.7 billion of that total, compared to a handle analog of $8.4 billion for prediction markets—a 79% to 21% split in favor of legacy operators.
Handle analog is a metric used as a cleaner comparison between sportsbooks and prediction markets because the latter’s volume doesn’t compare evenly with sportsbook handle.
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The difference is all about the risk function. A sportsbook employs traders to price bets and manage its exposure. An exchange provides an API through which firms compete to quote prices and supply liquidity.
“Here’s an API. Bernard and 88 other people can market-make all these request-for-quotes (RFQs),” Marantelli says. “Some people might come in and just do esports because they’re esports experts. Others do everything. Some focus on same-game parlays. But it’s a sportsbook.”
The institutional layer is largely invisible to customers presented with a P2P proposition. Retail users may technically trade against one another, but the depth required by a mass-market product cannot be supplied by occasional customers alone. Professional firms must be prepared to quote continuously and commit substantial capital.
