A federal appeals court just handed prediction market giant Kalshi a major victory by blocking New Jersey from shutting down its sports event contracts. This 2-1 ruling sets a precedent that could reshape how states regulate these fast-growing markets. But with losses elsewhere, the battle rages on.
The U.S. Court of Appeals for the Third Circuit ruled on April 6, 2026, to uphold a lower court injunction against New Jersey regulators. Kalshi’s sports-related event contracts qualify as swaps under federal law, giving the Commodity Futures Trading Commission exclusive control.
KalshiEX LLC runs a licensed designated contract market approved by the CFTC. Users trade contracts on outcomes like who wins a game or if a team covers the spread. New Jersey sent a cease-and-desist letter last year, claiming these violate state gambling rules, including bans on college sports bets.
One sentence sums up the win. The district court in New Jersey granted the injunction after Kalshi sued. Now the appeals court agreed.
Judge David J. Porter wrote the majority opinion. He stressed that Congress created the CFTC to avoid a patchwork of state rules on futures trading.
Federal Law Overrides State Gambling Bans
The Commodity Exchange Act preempts New Jersey’s laws through field and conflict preemption. Field preemption means federal rules fully cover trading on DCMs like Kalshi. No room for states to add their own.
Porter explained that Kalshi’s contracts meet the broad swap definition. They tie to events with economic impacts, like sports results affecting leagues or ads. New Jersey argued the outcomes lack a direct financial link. The court rejected that.
Conflict preemption kicks in too. State enforcement would stop Kalshi from operating in New Jersey while it runs fine elsewhere. That defeats the uniform federal system.
Here are key examples of Kalshi’s sports contracts:
- Will the Eagles beat the spread against the Cowboys?
- Total points over or under 45.5 in the Super Bowl?
- Player props like a quarterback’s touchdown passes.
Kalshi self-certified these with the CFTC in January 2025. Sports now drive about 80 percent of its volume, hitting record $10.4 billion monthly in February 2026.
| State | Recent Ruling | Date | Outcome for Kalshi |
|---|---|---|---|
| New Jersey | Third Circuit upholds injunction | April 6, 2026 | Win: Can operate |
| Nevada | State court extends ban | April 3, 2026 | Loss: Blocked |
| Massachusetts | State injunction | February 6, 2026 | Loss: On hold |
This table shows the split. States see big revenue risks from unregulated bets.

Dissent Warns of Gambling in Disguise
Judge Jane Richards Roth dissented sharply. She called Kalshi’s products nearly identical to bets on DraftKings or FanDuel.
Roth argued states have long regulated gambling. Federal preemption should not wipe that out lightly. DCM trading is just one slice of futures, not enough to oust state power entirely.
She noted a CFTC rule lets the agency ban gaming-like contracts. States should enforce where CFTC does not. Roth feared this opens doors to unchecked sports wagering.
New Jersey Attorney General Jennifer Davenport slammed the decision. She said it lets firms skip state safeguards like age checks and problem gambling help.
Kalshi CEO Tarek Mansour celebrated on X. He called it a win for users and free markets.
Nevada Loss Fuels National Divide
Just days before, a Nevada judge extended a ban on Kalshi’s contracts. Judge Jason Woodbury ruled they count as unlicensed gaming. Kalshi must geofence Nevada users by May 4.
Nevada lawyer Jessica Whelan said Kalshi admits it skips state wagering rules. This clash mirrors fights in Ohio, Massachusetts, and more.
CFTC Chair Michael Selig praised the Third Circuit. A spokesperson noted Congress aimed for one national rule on DCM trades.
Sports contracts exploded Kalshi’s growth. Weekly volumes topped $2.3 billion late last year. Prediction markets now rival traditional books, pulling users with lower fees and global reach.
States worry about lost taxes and consumer protection. New Jersey eyes a full court rehearing. Other circuits hear similar cases soon.
This ruling boosts Kalshi short-term. It lets users in New Jersey trade freely for now. But the patchwork persists, hurting everyday traders who want consistent access nationwide.
The Third Circuit’s bold stand clears a path for federal oversight of prediction markets and sports event contracts. It promises smoother trading but sparks fears of loose rules in a booming industry worth billions. This win protects innovation while states fight back hard. Fans and traders gain tools to hedge risks on games they love.








