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?