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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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“The two [concerns] are the integrity of athletic competition, and how that could potentially be impacted by a proliferation of legalized sports wagering. And then the second is really the health and well-being of student athletes.“

Stevenson added that the NCAA is determined to keep local student organisations informed of key regulations. 

“Even though we are seeing legalization of sports wagering, it is still a violation of NCAA rules. I do think people and member institutions really need to make sure that their student athletes are aware, so that they don’t walk themselves into any kind of issues,” she said.

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The report singled out several marketing tactics which had been flagged as particuarly concerning.

The first was direct marketing (emails, texts, push notifications). Citing randomised studies, the committee noted that limiting direct marketing resulted in reduced betting and fewer short-term harms. 

Referencing an Australian study on direct marketing and its link to gambling harms, Dr Philip Newall, senior lecturer at the University of Bristol noted that “causality was established by getting a random subset of participants to opt-out of receiving direct marketing offers”.