Kalshi's 'not gambling' defense collapses as judges let states enforce their laws

Kalshi court losses pile up as judges refuse to block state gambling laws

Kalshi's 'not gambling' defense collapses as judges let states enforce their laws

Kalshi had a brutal week in federal court: the Ninth Circuit refused to rehear its Nevada loss, the Second Circuit upheld rulings letting New York and Connecticut enforce gambling laws, and Arkansas's attorney general filed a new suit. At the heart of every case is whether prediction markets are federally regulated swaps or plain gambling. The Trump administration and the CFTC side with Kalshi; 40 states back New Jersey's push for Supreme Court review.

Kalshi insists that its products are not gambling, but Arkansas law is concerned with substance, not semantics.

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2026-11-06