Appeals Court Rules States Can Regulate Sports Prediction Markets
A federal appeals court handed Kalshi another legal setback, affirming that states have authority to regulate sports-related prediction markets.
A federal appeals court has ruled that states retain regulatory authority over sports prediction markets, dealing a significant legal blow to Kalshi and the broader prediction market industry. The decision marks the second such ruling in under a month from an appeals court affirming a state role in overseeing sports-related event contracts — a pattern that signals growing judicial consensus around the question of jurisdiction.
The rulings put platforms like Kalshi in an increasingly difficult legal position. These companies have argued that federal oversight through the Commodity Futures Trading Commission should preempt state-level gambling regulations, allowing them to operate nationally without navigating a patchwork of individual state laws. The courts, however, appear skeptical of that framing, at least where sports outcomes are concerned.
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The practical stakes are considerable. Prediction markets have surged in mainstream visibility since the 2024 election cycle, when platforms drew widespread attention for their real-time probability estimates on political outcomes. Sports contracts represented the next frontier for these companies, offering a potentially vast and engaged user base. State regulators, many of whom oversee traditional sports betting under post-PASPA frameworks, have pushed back hard against the idea that prediction market platforms can operate outside their reach.
The back-to-back appellate losses suggest that the federal preemption argument, compelling as it may be in theory, faces serious headwinds in practice — at least until a definitive ruling or legislative clarification emerges. For Kalshi and its peers, the path forward may require either a Supreme Court appeal or direct engagement with Congress to resolve the underlying jurisdictional ambiguity. Either route would take time, during which state enforcement pressure could constrain their operations meaningfully.
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