Legal doctrine addressing ‘obnoxious’ lawmaking may factor in prediction-market litigation

Saturday, July 19, 2025 12:20 PM
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  • Ryan Rodenberg, InGame

A legal doctrine described by the Supreme Court as “obnoxious” almost 90 years ago has emerged in the lawsuit between Kalshi and New Jersey regulators.

Enter the nondelegation doctrine, a legal principle that constrains congressional gifting of power.

As first reported by InGame, the Indian Gaming Association and a large number of other tribal gaming entities filed a letter earlier this month to alert the U.S. Court of Appeals for the Third Circuit — the appellate court where the Kalshi v. New Jersey case is pending — of a new SCOTUS ruling that addressed the nondelegation doctrine…

What is the nondelegation doctrine? And how could it potentially apply in the ongoing prediction-market lawsuits percolating in New Jersey, Nevada, and Maryland?