Kalshi brings in Paul Clement for Supreme Court case with New Jersey, asks to push its deadline to December 7

What Kalshi asked the Court for

In a letter to Supreme Court Clerk Scott S. Harris dated October 29, 2026, Clement wrote that he represents KalshiEX LLC and requested, under Supreme Court Rule 30.4, "an additional 28-day extension of time, up to and including December 7, 2026" to file the company's brief in opposition. "Petitioners do not oppose this request," the letter states.

Clement cited his own schedule of other cases between now and December 7, including oral arguments in the Fourth and Fifth Circuits and briefs due in the Sixth, Seventh, Eighth and Eleventh Circuits. The Supreme Court docket records the filing on October 29 as "Motion of KalshiEX, LLC for an extension of time submitted." On October 30 the docket recorded that the motion was granted and the time "further extended to and including December 7, 2026."

The docket now lists Clement as counsel of record for Kalshi, with Neal Kumar Katyal of Milbank LLP also listed. Katyal filed Kalshi's first extension request on September 18, which the Court granted on September 22, moving the deadline from October 8 to November 9.

Clement served as U.S. Solicitor General from 2005 to 2008. In Murphy v. NCAA, the 2018 decision that struck down the federal ban on state-authorized sports betting, he argued for the NCAA and the professional sports leagues.

The Kalshi Supreme Court case

New Jersey filed its petition on September 2, 2026, and the case was docketed on September 8. The petitioners are Mary Jo Flaherty, interim director of the New Jersey Division of Gaming Enforcement, and Attorney General Jennifer Davenport. They seek review of the Third Circuit's April 6, 2026 decision in KalshiEX, LLC v. Flaherty, No. 25-1922, which, by a 2-1 vote, affirmed an injunction barring New Jersey from enforcing its sports-betting laws against Kalshi.

The question presented is "whether the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act 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."

New Jersey's petition argues that the Third Circuit's ruling conflicts with the Ninth Circuit's August 28, 2026 decision in Kalshi v. Assad, which held that Dodd-Frank does not preempt state gaming laws. The petition says Kalshi, other companies and the CFTC have started or forced litigation with 20 states.

Kalshi is fighting state enforcement in several other courts, including a federal suit against Louisiana and the federal government's case against Utah over its prosecution of Kalshi and Susquehanna.

Who has filed amicus briefs

According to the docket, these amicus briefs have been filed so far:

What happens next

The Court granted the request on October 30, and Kalshi's brief in opposition is now due December 7, 2026. Under Supreme Court Rule 15.5, a petition is generally distributed to the justices for a conference no less than 14 days after the brief in opposition is filed, unless the petitioner waives that period. If Kalshi files on December 7, that 14-day period would run to December 21.

Updated October 31, 2026: The Supreme Court granted Kalshi's extension request on October 30; its brief in opposition is now due December 7, 2026.

Image rights: if you hold rights to an image used here and want it credited differently or removed, contact support@askspinner.com.