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There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.
“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.
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Pennsylvania casino revenue for August was almost 6% lower than a year ago, when the state’s casinos won $297.7 million from their physical slots and table games. Pennsylvania’s August 2026 struggles came despite the state having one more casino last month than it did in August 2025, as Happy Valley Casino only opened in April 2026.
In Maryland, the state’s six casinos combined to win $160 million in August, representing a 6% drop from the prior year. In Virginia, casino revenue from its five casinos was $97.6 million, almost 5% lower than August 2025.
In Delaware, in-person casino revenue eased almost 3% to $43.8 million, and in New York, racino GGR plunged 38% to $137.2 million.
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