Ticket To The Stars

About Ticket To The Stars

Just eight years after the state of New Jersey successfully petitioned the US Supreme Court to repeal the Professional and Amateur Sports Protection Act, which opened the floodgates of sports betting expansion across the country, the Garden State has again petitioned the high court, this time to defend its sports betting jurisdiction against the rise of prediction markets and sports event contracts.

On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.

The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “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”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.

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Since the Supreme Court’s PASPA decision in 2018, there has been an uptick on harassment against athletes from bettors. The collection of incidents, in the view of the industry, is typically construed as both troubling and prevalent. Against a backdrop of alarming threats in numerous sports, perhaps the most disconcerting occurred at the hands of Benjamin “Parlay” Patz, a California bettor.

Approximately 15 months after the high court’s ruling, Patz sent a series of explicit messages to four members of MLB’s Tampa Bay Rays, threatening to “sever” their necks open. Accused by federal investigators of targeting more than 300 accounts of pro and college athletes, Patz pleaded guilty in 2021 to transmitting threats in interstate or foreign commerce. Although a judge ordered Patz to undergo mental health treatment and abstain from gambling, he did not sentence the bettor to prison.

Years later, former Senate Judiciary Committee Chairman Dick Durbin convened a sports betting hearing in December 2024, the first federal hearing held on the subject in six years. Durbin, an Illinois Democrat, opened the hearing with an anecdote from March Madness the prior season. Despite recording a double-double in a win over Michigan State, former North Carolina center Armando Bacot received more than 100 threats on social media, Durbin told the committee. Bacot, who finished with 18 points and seven rebounds, drew the ire of bettors for missing the “over” on his rebound total.

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That estimate arrives courtesy of Macquarie and is well ahead of the research firm’s previous estimate of $169 billion in 2026 taker volume.

Takers is a prediction market industry colloquialism for the market participants that swiftly fill buy and sell orders, thus removing liquidity from the marketplace. Conversely, makers are the market participants viewed as liquidity providers and professional or sharp money.

“Recent launches, including customizable same-game parlays (SGPs), further support our view that Prediction Markets (PM) are increasingly converging with traditional sportsbooks,” observes Macquarie analyst Chad Beynon. “As a result, we now estimate total US PM taker volume to reach $190 billion in 2026E (vs $169 billion prior).”