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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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“Therefore, we have been having this debate,” he added. “I have been to Congress, the Supreme Federal Court, and the Attorney General’s office to talk about the impact of betting on the lives of Brazilians.
“We have made progress, such as increasing the direct tax to 15% and including the activity in the Selective Tax. Those benefiting from social programmes and those who joined the Desenrola programme were also prohibited from betting.”
He also pointed to the self-exclusion mechanism adopted by the government.
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The city council legalised VGTs in its latest budget that took effect in January. Mayor Brandon Johnson opposed the move but was overruled by a council majority. Johnson and his colleagues have fought over the issue all year, which is still largely unresolved.
The mayor has not opined this summer, at least publicly, on if he believes Bally’s will open the casino in the first quarter of 2027. However, Johnson indicated in March that his administration is committed to projects such as Bally’s Chicago that foster economic development, while creating new jobs for numerous neighborhoods across the city.
“We appreciate Bally’s partnership and the thousands of construction workers helping bring Bally’s Chicago Casino to life – a major investment in our city’s future,” Johnson wrote in a social media post on X.