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Supreme Court faces scrutiny over potential ‘loopholes’ in prediction markets policy

Thursday, July 23, 2026 1:37 PM
Photo: Shutterstock
  • John Fritze, CNN Money

Justice Amy Coney Barrett had a fast answer when she was asked during a recent Senate hearing if the Supreme Court had done anything to address the meteoric rise of prediction markets — and the ethical predicament they present for the judiciary.

“That’s already covered,” Barrett said confidently during a rare public appearance lobbying for millions of dollars in additional security funding. Justice Elena Kagan echoed the response a second later.

The response from Kagan and Barrett on prediction markets did little to quiet a growing pressure campaign to push the high court to explicitly ban employees from trading on sites like Kalshi and Polymarket – where users can bet on everything from the outcome of specific appeals to whether “any Supreme Court justice will be charged” with a federal crime.