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“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.
“Just eight years ago, this court reiterated that ‘each state is free to act on its own’ in regulating sports betting,” the petition says. “But Kalshi has a different view. Kalshi bills itself as ‘the first app for legal sports betting in all 50 states’ and believes it can offer that legal sports betting without following the sports-gambling laws of any of those 50 states.”
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“You shouldn’t necessarily need 100 people and millions of euros of infrastructure to have a great idea and turn it into a successful slot,” Curwen says.
Lower barriers to entry could significantly widen the pool of potential game creators. Curwen sees opportunities not only for established and emerging studios, but for operators, suppliers, entrepreneurs and potentially entirely new entrants.
“The big change is that technology can increasingly provide the infrastructure,” he says. “The creator provides the idea. And I think that will make the industry much more interesting.”