The question of whether sports prediction markets constitute a genuinely new class of financial instrument or are simply gambling repackaged in financial-derivatives language has arrived at the U.S. Supreme Court — and the NFL chose to arrive there too.
On October 8, 2026, the league filed an amicus curiae brief supporting New Jersey's petition in Flaherty v. KalshiEx, LLC, formally aligning itself with state gambling regulators against the prediction market platform. The filing marks the NFL's most direct legal intervention yet in a battle that had previously been waged through regulatory comment letters and lobbying rather than court documents.
