A US federal judge in Tennessee granted Kalshi a temporary reprieve from state gambling enforcement, allowing the prediction-market operator to continue offering sports-related event contracts while litigation unfolds. Judge Aleta Trauger of the US District Court for the Middle District of Tennessee issued the preliminary injunction on Thursday, siding with Kalshi’s argument that Tennessee’s attempt to regulate these markets runs afoul of federal commodities law. The court classified Kalshi’s sports event contracts as swaps under the Commodity Exchange Act, a designation that confers exclusive jurisdiction to the US Commodity Futures Trading Commission. The order also requires Kalshi to post a $500,000 bond as the case advances, and targets state officials rather than the Tennessee Sports Wagering Council itself. The ruling was issued in a decision linked to CourtListener, which records the docket and order for KalshiEx LLC v. OrgEl. An earlier temporary restraining order had paused enforcement of a cease-and-desist letter, which had demanded Kalshi halt its sports contracts and reimburse deposits.
Key takeaways
- Kalshi can continue offering sports-related event contracts in Tennessee while the case proceeds, per the preliminary injunction.
- The court found Kalshi’s sports event contracts are “swaps” under the Commodity Exchange Act, implying federal preemption of Tennessee’s enforcement efforts.
- The injunction extends to named state officials; the Tennessee Sports Wagering Council was dismissed on sovereign-immunity grounds, with Kalshi posting a $500,000 bond.
- The decision reflects a broader clash over how event contracts should be regulated in the United States and underscores potential federal primacy in this space.
- The CFTC has signaled its stance, filing a friend-of-the-court brief to defend exclusive federal jurisdiction over prediction markets.
- Kalshi’s broader legal activity spans multiple states, including actions in Nevada, New Jersey, and Connecticut, where regulators have pursued similar enforcement actions.
Market context: The Tennessee ruling arrives amid a broader regulatory tug-of-war over prediction markets in the United States, with federal authorities stressing federal preemption and states pursuing licensing or enforcement actions. The CFTC’s reiteration of its exclusive jurisdiction over swaps used in prediction markets could influence how these platforms operate nationwide, particularly as parallel challenges play out in other jurisdictions.
Why it matters
The dispute sits at the intersection of commodities law and state gaming authority, highlighting how federal rules may constrain state attempts to police prediction markets. If federal preemption withstands further scrutiny, Kalshi and similar platforms could enjoy more predictable operation across multiple states, reducing the friction created by a patchwork of state bans or cease-and-desist actions. The ruling also clarifies how courts may interpret Kalshi’s products — not as conventional gambling, but as derivatives that fall under the CEA’s remit when tied to sporting events and outcomes.
The decision reinforces the Commission’s asserted primacy in this space. In a video message, CFTC Chair Michael Selig explained that the agency has filed a friend-of-the-court brief to defend the “exclusive jurisdiction” over prediction markets, signaling that federal authorities intend to push back against attempts to regulate these markets at the state level. This stance aligns with ongoing efforts to delineate the boundaries between state gaming regulation and federal financial-market oversight, a conversation that has become increasingly salient as the market for digital derivatives expands.
For Kalshi, the Tennessee result potentially broadens the strategic pathway for its litigation, while for state regulators, it underscores the risk of losing enforcement leverage where federal law governs the core mechanics of these products. The case is part of a wider pattern in which courts have issued divergent rulings as a series of Kalshi-related challenges wind through different state jurisdictions, including Nevada, New Jersey, and Connecticut, each with its own regulatory posture. Earlier coverage of Nevada’s action against Kalshi, for example, framed these tensions as a stress test for state cease-and-desist authority in the face of federal preemption arguments. See also related reporting on developments in New Jersey and Connecticut as courts weighed similar injunctions and relief.
In practical terms, traders and platform operators watch how courts navigate the boundary between gambling regulation and derivative markets. The Tennessee injunction does not settle whether prediction markets are illegal under state law; rather, it pauses enforcement while the federal question plays out. The decision may encourage other platforms to pursue federal preemption defenses, potentially slowing the momentum of state-level crackdowns that have persisted in various forms across the country.
For observers and participants, the evolving landscape underscores the need to monitor both court filings and regulator communications. The CourtListener docket in KalshiEx LLC v. OrgEl remains a primary resource for the latest procedural developments, while federal statements from the CFTC provide a potential compass for how courts may approach similar cases in the future. The interplay between state actions and federal oversight will likely shape the pace and scope of prediction-market activity in the United States over the coming months.
What to watch next
- Await the merits briefing schedule and any subsequent rulings on the core preemption question.
- Follow Kalshi’s ongoing obligation to post the $500,000 bond and any related conditions tied to the injunction.
- Monitor how other Kalshi-related actions in Nevada, New Jersey, and Connecticut proceed, including any further court rulings or settlements.
- Track CFTC activity and new briefs or statements that could affect the federal-state regulatory balance for prediction markets.
Sources & verification
- Court filing: preliminary injunction and docket for KalshiEx LLC v. OrgEl, as cataloged on CourtListener (CourtListener).
- CFTC activity: chair statements on exclusive jurisdiction over prediction markets and the agency’s brief supporting federal oversight.
- Related state actions and coverage in Nevada, New Jersey, and Connecticut assessing Kalshi’s cease-and-desist actions (as reported in contemporaneous coverage).
- Context from prior enforcement actions and injunctions regarding Kalshi’s operations in various states referenced in the docket and public filings.
Judicial ruling redefines federal preemption for prediction markets
A Tennessee federal judge has placed a temporary hold on state enforcement against Kalshi’s sports-prediction contracts, carving out a narrow lane for the platform to operate as legal under the federal framework while the case advances. The decision rests on a careful reading of the Commodity Exchange Act (CEA) and its reach over new financial products tied to sporting events. By characterizing Kalshi’s contracts as swaps, the court asserts that the CFTC—not state gaming authorities—should regulate the core mechanics of these markets. That distinction matters not only for Kalshi but for other platforms seeking a stable operating environment in a crowded regulatory landscape.
The ruling underscores a broader jurisprudential trend: federal preemption arguments are increasingly central in disputes surrounding novel financial instruments that resemble both gambling and securities. The court’s analysis hinges on whether the state can effectively regulate something the federal government has already deemed to fall under its exclusive jurisdiction. In this case, the court found a strong likelihood that Kalshi will succeed on the merits of preemption, marking a potential inflection point for how similar products are treated across multiple jurisdictions.
As Kalshi proceeds with the litigation, the decision sets up a structured interaction between state cease-and-desist actions and federal regulatory oversight. The injunction, which binds identified state officials and not the entire state agency, reflects a cautious approach aimed at preserving room for further judicial review. The $500,000 bond requirement also serves as a tangible compliance mechanism, ensuring dispute-related costs are covered as the legal process unfolds. Court documents and related briefs will be closely watched by industry participants seeking clarity on whether prediction markets can be reconciled with existing regulatory regimes or if a broader federal framework will eventually take precedence.
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