State legality

Every ruling and state action against Kalshi, in date order

Every court ruling and state action against Kalshi in date order, each row saying whether we read the document or a report of it.

Last checked 20 August 2026 · 12 sources

Eleven competitor pages on this subject were audited for the research behind this site. Not one carried a changelog or a per-fact verification stamp. Two of them go stale on a date they printed themselves. This page is the answer to that: the whole fight in date order, each row saying how we know.

If you are citing any of this, cite the underlying document rather than us. They are all linked in the sources.

What the record shows

Read end to end, the striking thing is that the same question has been answered both ways by federal courts within four months. In April the Third Circuit held sports event contracts are swaps and the CFTC has exclusive jurisdiction. In August a federal judge in Connecticut held they are not swaps at all. Both were reading the same statutory definition.

The second striking thing is that the federal government is not a bystander. The CFTC has brought its own actions against states, and in Michigan it ordered an exchange to honour trades a state court had ordered unwound. Any account of this as platform-against-state is missing half of it.

The third is the newest and least covered. Kalshi is no longer the only operator litigating. Between 4 and 14 August 2026, Ludlow Exchange LLC, trading as Novig, sued the attorneys general of New York, Washington, New Mexico, Massachusetts and Wisconsin in five federal district courts. Two of those attorneys general, Torrez and Campbell, are signatories on the brief supporting Massachusetts. Whatever the courts decide, this has stopped being one company's fight.

The record

DateWhereWhat happenedHow we know
2 October 2024FederalThe D.C. Circuit decided KalshiEX LLC v. CFTC, No. 24-5205, the case over election contracts that opened this whole territory. The district court decision below is Civil Action No. 2023-3257 (D.D.C.).DOCKET
August 2025MarylandA federal district court denied Kalshi a preliminary injunction against Maryland's cease-and-desist. The first time the preemption argument failed at trial level. The case went up on appeal.REPORTED
September 2025MassachusettsMassachusetts sued Kalshi, alleging it was evading state sports gambling law. This is the case that became SJC-13906.REPORTED
10 September 2025New JerseyThe Third Circuit heard argument in KalshiEX v. Flaherty, No. 25-1922, on appeal from D.N.J. (Judge Edward S. Kiel, 1:25-cv-02152).PRIMARY
October 2025New YorkThe New York State Gaming Commission issued a cease-and-desist order demanding Kalshi stop operating an unlicensed mobile sports wagering platform.PRIMARY
November 2025NevadaThe District of Nevada dissolved the preliminary injunction that had been protecting Kalshi, finding the contracts amounted to an attempt to evade state regulation.REPORTED
19 February 2026TennesseeThe Middle District of Tennessee granted Kalshi a preliminary injunction, finding the contracts likely constitute federally regulated swaps and that federal law likely preempts Tennessee enforcement.REPORTED
8 March 2026MassachusettsThe Suffolk Superior Court injunction took effect. The Massachusetts Appeals Court later stayed it and ordered expedited briefing.REPORTED
12 March 2026ArizonaKalshi sued Arizona's gaming director and attorney general in federal court after the Department of Gaming sent a cease-and-desist and the attorney general filed a twenty-count criminal information, reported as the first criminal prosecution of a prediction market platform.REPORTED
27 March 2026TexasLieutenant Governor Dan Patrick directed the Senate State Affairs Committee to study how federal law is used to circumvent Texas gambling prohibitions, with recommendations for the 2027 session.QUOTED
March 2026TexasThe National Association of Attorneys General and the Ohio attorney general's office asked Texas to join a multistate brief. Thirty-nine states signed. Texas did not respond, and did not respond to the second request either.QUOTED
2 April 2026ArizonaThe CFTC and the United States filed their own action against Arizona.REPORTED
6 April 2026New JerseyThe Third Circuit AFFIRMED the injunction for Kalshi, holding the Act “preempts state laws that directly interfere with swaps traded on DCMs” and that sports-related event contracts “are swaps traded on a CFTC-licensed DCM, so the CFTC has exclusive jurisdiction”.PRIMARY
April 2026IllinoisThe CFTC sued Illinois to assert its jurisdiction, after the Illinois Gaming Board sent cease-and-desist letters to operators including Kalshi and Polymarket.QUOTED
24 April 202637 states and DCThirty-seven state attorneys general and the District of Columbia filed an amici brief supporting Massachusetts in SJC-13906. Nevada and Ohio are counsel of record. Texas, Florida, Georgia and Washington are among the thirteen not on it.PRIMARY
5 May 2026ArizonaThe District of Arizona granted the federal government's request for a preliminary injunction against the state, on field, conflict and impossibility preemption. Arizona appealed to the Ninth Circuit as KalshiEX LLC v. Assad.REPORTED
21 May 2026Rhode IslandKalshi filed a federal suit against Rhode Island at 12:03pm. Attorney General Peter Neronha filed against Kalshi AND Polymarket in Providence County Superior Court at around 4pm the same day.QUOTED
12 June 2026CaliforniaCalifornia announced it had joined a 37-attorney-general amicus in KalshiEx LLC v. Schuler et al. in the Sixth Circuit. This is a DIFFERENT brief from the Massachusetts one, in a different case, and the two are frequently conflated.PRIMARY
29 June 2026MichiganMichigan secured a temporary restraining order in the Ingham County Circuit Court halting Kalshi's internet sports betting operation, after winning a remand that sent the case back from federal court. Attorney General Nessel had sued in March under the Lawful Sports Betting Act.PRIMARY
1 July 2026IllinoisIllinois taxes and licensing for prediction markets were set to take effect under SB 3019: 1.75% on the first 5 million wagers, 3.5% after, plus a sports betting licence at $15 million initial and $1 million renewal. Kalshi sued to block it.QUOTED
7 July 2026New YorkKalshi lost its challenge to the New York State Gaming Commission in Kalshi Ex-LLC v. New York State Gaming Commission, et al.PRIMARY
9 July 2026New YorkVazquez v. Kalshi, Inc., S.D.N.Y. 1:26-cv-05821. A private plaintiff, not a state. Worth noting because every other row here is a government.DOCKET
14 July 2026MichiganThe CFTC stayed an emergency rule Kalshi had self-filed and ordered the exchange to honour Michigan contracts a state court had ordered it to void, cancel and refund. Described in commentary as the first time the Commission explicitly directed a prediction market to disregard a state decree.REPORTED
24 July 2026FederalCFTC Release 9273-26: a Division of Market Oversight advisory on self-certification of an event contract series.PRIMARY
27 July 2026MichiganDana Nessel v. KalshiEX LLC reached the Sixth Circuit as No. 26-1639. Michigan's state-court restraining order is on appeal.DOCKET
31 July 2026New YorkNew York sued Kalshi for running an illegal, unlicensed gambling operation, seeking three times the illegal gains, forfeiture and restitution. The release names no dollar figure; the $36 billion in headlines is reporting's calculation. The docket has it as People of the State of New York v. KalshiEX LLC, S.D.N.Y. 1:26-cv-06550, so it sits in federal court whatever the announcement implied.PRIMARY
4 August 2026New YorkLudlow Exchange, LLC d/b/a Novig v. James, S.D.N.Y. 1:26-cv-06676. A second prediction market operator sued the New York attorney general.DOCKET
6 August 2026Three statesNovig sued three more attorneys general the same day: Brown in the Western District of Washington (3:26-cv-05888), Torrez in the District of New Mexico (1:26-cv-02576) and Campbell in the District of Massachusetts (1:26-cv-13615). Torrez and Campbell both appear on the 37-state brief.DOCKET
10 August 2026ConnecticutThe District of Connecticut DENIED Kalshi an injunction. Judge Vernon D. Oliver held the sports contracts are not swaps, because “the term ‘event’ does not encompass the result of the event”. The direct opposite of the Third Circuit four months earlier.QUOTED
10 August 2026WisconsinUSA v. State of Wisconsin reached the Seventh Circuit as No. 26-2636. The federal government, not the exchange, is the appellant.DOCKET
12 August 2026FederalCFTC Release 9282-26: a DMO advisory on self-certification of incentive programs.PRIMARY
12 August 2026ConnecticutKalshiEX LLC v. Cafferelli, Second Circuit No. 26-2239. Kalshi appealed the Connecticut denial two days after receiving it.DOCKET
14 August 2026MarylandCity of Baltimore v. KalshiEx LLC, D. Md. 1:26-cv-03217. A city, not a state. The first municipal action in this record.DOCKET
14 August 2026WisconsinLudlow Exchange LLC v. Kaul, W.D. Wis. 3:26-cv-00761. Novig's fifth state.DOCKET

How to read the evidence column

  • PRIMARY, 10 rows. We downloaded and read the document. The Third

Circuit opinion, the amici brief, the CFTC releases and four attorney general announcements are in this tier.

  • DOCKET, 9 rows. We read the court's own docket record, through the

CourtListener search API on 20 August 2026, and did not read the filings. So the caption, court, number and filing date are from the court; what the documents say is not represented here at all.

  • QUOTED, 6 rows. We read reporting that quotes the document at length,

such as the Connecticut order. The words are the court's; the selection is the outlet's.

  • REPORTED, 9 rows. We read that something happened and never saw the

document. Dates in this tier could be off, and case details are absent rather than guessed.

A page that gives you fifty facts at one confidence level is telling you less than a page that gives you twenty-five at three levels.

What is deliberately not here

  • Anything after 20 August 2026. This is a live fight. The Ninth Circuit had

not ruled on Arizona when this was written and the Massachusetts SJC had not decided SJC-13906.

  • Docket numbers we did not retrieve. Most rows have none, because we did

not pull the dockets. Where we have a case number, it came off a document.

  • Geofencing and promo eligibility. Neither is a legal fact and both change

without notice. The state legality hub explains why running those together with legality is the error that makes competitor pages contradict each other.

  • Predictions. We are not lawyers and there is nothing here about how any of

it should come out.

Questions people actually type

Is Kalshi legal in the US right now? There is no single answer, and the table above is why. A federal appeals court ruled for Kalshi against New Jersey in April 2026, and a federal district judge ruled against it in Connecticut in August 2026. Thirty-seven attorneys general plus DC are arguing the state side in the Massachusetts case, which was undecided when this page was written.

Which states have taken action against Kalshi? By our count from the record above, at least fourteen have a documented court filing, order or cease-and-desist, and the CFTC has itself sued nine states. Per-state detail is on the state legality hub, which lists every one we have a document for.

Has Kalshi ever lost? Yes, more than once. It lost a preliminary injunction in Maryland in August 2025, lost its challenge to the New York Gaming Commission in July 2026, and was denied an injunction in Connecticut in August 2026. It has also won: Tennessee in February 2026 and the Third Circuit in April 2026.

What did the Third Circuit actually decide? That the Commodity Exchange Act preempts state laws directly interfering with swaps traded on designated contract markets, and that sports event contracts are such swaps, so the CFTC has exclusive jurisdiction. It affirmed a preliminary injunction. Full detail on New Jersey.

Why do two federal courts disagree? They read the statutory definition of a swap differently. Connecticut held that an event either occurs or does not, and who wins is a result rather than an occurrence. The Third Circuit held the contracts depend on outcomes associated with economic consequences and so fit. That is the whole split in two sentences.

When was this last checked? 20 August 2026, and every source above carries its own read date. If you are reading this much later, treat every row as a starting point.

Sources

Every row in the table below carries its own evidence tier. PRIMARY means we read the document. DOCKET means we read the court's docket record and not the filings. QUOTED means we read reporting that quotes it at length. REPORTED means we read a report and never saw the document. Of 34 rows, 10 are primary, 9 docket, 6 quoted and 9 reported. We publish the ratio because a page that hides it is asking to be trusted rather than checked.

  1. https://ag.ny.gov/sites/default/files/amicus-curiae/massachusetts-v-kalshiex-llc-amicus-brief-2026.pdf the 37-state amici brief, SJC-13906, filed 24 April 2026. Downloaded and read direct 20 Aug 2026.
  2. https://www2.ca3.uscourts.gov/opinarch/251922p.pdf KalshiEX v. Flaherty, No. 25-1922, Third Circuit, decided 6 April 2026. Downloaded and read direct 20 Aug 2026.
  3. https://ag.ny.gov/press-release/2026/governor-hochul-and-attorney-general-james-announce-new-york-has-sued-kalshi New York Attorney General, 31 July 2026. Read direct 20 Aug 2026.
  4. https://www.michigan.gov/ag/news/press-releases/2026/06/29/ag-nessel-secures-order-temporarily-halting-unlawful-kalshi-michigan-operations Michigan Attorney General, 29 June 2026. Read direct 20 Aug 2026.
  5. https://oag.ca.gov/news/press-releases/attorney-general-bonta-joins-bipartisan-coalition-defending-state-gambling-laws California Attorney General, 12 June 2026. Read direct 20 Aug 2026.
  6. https://www.cftc.gov/PressRoom/PressReleases/9273-26 CFTC Release 9273-26, 24 July 2026. Read direct 20 Aug 2026.
  7. https://www.cftc.gov/PressRoom/PressReleases/9282-26 CFTC Release 9282-26, 12 August 2026. Read direct 20 Aug 2026.
  8. https://capitolnewsillinois.com/news/prediction-market-kalshi-sues-illinois-over-its-push-to-regulate-sports-bets/ Capitol News Illinois. Read direct 20 Aug 2026.
  9. https://rhodeislandcurrent.com/2026/05/21/what-are-the-odds-dueling-lawsuits-filed-on-prediction-markets-in-state-and-federal-courts/ Rhode Island Current, 21 May 2026. Read direct 20 Aug 2026.
  10. https://www.houstonpublicmedia.org/articles/news/texas/2026/05/01/550672/texas-prediction-market-regulations-kalshi-gambling-sports-betting/ Ayden Runnels, Texas Tribune, 1 May 2026. Read direct 20 Aug 2026.
  11. https://www.ingame.com/kalshi-connecticut-ruling-sports/ reporting quoting Judge Oliver's order at length, 10 August 2026. Read direct 20 Aug 2026.
  12. https://www.hklaw.com/en/insights/publications/2026/02/prediction-markets-at-a-crossroads-the-continued-jurisdictional-battle Holland & Knight commentary. Read direct 20 Aug 2026.