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The circuit split

Three of the 12 regional federal appeals courts have now ruled on whether federal commodities law overrides state gambling law for prediction markets. The Third Circuit sided with the platforms; the Sixth Circuit and the Ninth Circuit sided with the states. Six more have appeals pending, and three petitions ask the Supreme Court to settle the question.

Built from our records, which were last checked Oct. 21, 2026. Updates automatically.

  • Ruled for the platforms 1
  • Ruled for the states 2
  • Argued, awaiting decision 1
  • Appeal pending 5
  • No appeal yet 3

For the platforms

1

For the states

2

Still deciding

6

Where each circuit stands

  1. 1st

    First Circuit

    Maine, Massachusetts, New Hampshire, Rhode Island

    Appeal pending

  2. 2nd

    Second Circuit

    Connecticut, New York, Vermont

    Appeal pending

    • Coinbase v. Connecticut (Second Circuit)PendingPending; ordered heard in tandem (Sept. 3, 2026) with Kalshi's New York (26-1835) and Connecticut (26-2239) appeals. No argument date or ruling found as of Oct. 21, 2026.
    • Kalshi v. Connecticut (Second Circuit)PendingPending; on Sept. 3, 2026 the court ordered it heard in tandem with Nos. 26-1835 (Kalshi v. Williams, New York) and 26-2297 (Coinbase v. Tong). No argument date or ruling found as of Oct. 21, 2026.
    • Kalshi v. New York (Second Circuit)PendingKalshi's brief filed Aug. 31, 2026; New York's brief due Oct. 30, 2026. To be heard in tandem with the Connecticut appeals (Nos. 26-2239, 26-2297). No argument date.

  3. 3rd

    Third Circuit

    Delaware, New Jersey, Pennsylvania

    Ruled for the platforms

    April 6, 2026, 2-1. Affirmed the preliminary injunction barring New Jersey from enforcing its gambling laws against Kalshi's sports contracts, finding Kalshi likely to win on federal preemption. Read the opinion

  4. 4th

    Fourth Circuit

    Maryland, North Carolina, South Carolina, Virginia, West Virginia

    Argued, awaiting decision

    Argued May 7, 2026, no decision yet: 168 days since argument.

    • Kalshi v. Maryland (Fourth Circuit)PendingArgued May 7, 2026; no decision as of Oct. 21, 2026 (Vultax, rechecked Oct. 19, 2026). Maryland has agreed not to enforce against Kalshi while the appeal is pending.

  5. 5th

    Fifth Circuit

    Louisiana, Mississippi, Texas

    No appeal yet

    No prediction-market preemption appeal has reached this court.

  6. 6th

    Sixth Circuit

    Kentucky, Michigan, Ohio, Tennessee

    Ruled for the states

    Sept. 25, 2026. In a published opinion covering Ohio and Tennessee, affirmed the denial of Kalshi's preliminary injunction against Ohio and vacated the injunction Kalshi had won against Tennessee. Read the opinion

    • Coinbase v. Michigan (Sixth Circuit)PendingReported stayed pending related Sixth Circuit appeals; no decision.
    • Michigan v. Kalshi remand appeal (Sixth Circuit)PendingBriefing held in abeyance since Aug. 24, 2026 pending the Ohio/Tennessee appeals (Nos. 26-3196, 26-5235). Kalshi must file a status report within 21 days of judgment in those appeals; their panel decision issued Sept. 25, 2026 but a rehearing petition is pending. No later docket activity verified.
    • Polymarket US v. Michigan (Sixth Circuit)PendingBriefing stage; per the related Robinhood docket, the appeal will go to the same panel as Robinhood's Michigan appeal. No decision.
    • Robinhood v. Michigan (Sixth Circuit)PendingRobinhood's brief filed Aug. 17, 2026; Michigan's brief was due Sept. 15, 2026. To be heard by the same panel as the Polymarket US appeal. No decision.
    • Kalshi v. Tennessee (Sixth Circuit)DecidedPreliminary injunction vacated and case remanded on Sept. 25, 2026; Kalshi's petition for rehearing en banc (filed Oct. 9, 2026) is pending, and no mandate has been reported.
    • Kalshi v. Ohio (Sixth Circuit)DecidedDenial of preliminary injunction affirmed in a published opinion on Sept. 25, 2026. Kalshi petitioned for rehearing en banc on Oct. 9, 2026; the petition is pending.

  7. 7th

    Seventh Circuit

    Illinois, Indiana, Wisconsin

    Appeal pending

    • United States & CFTC v. Wisconsin (Seventh Circuit)PendingThree appeals docketed from the E.D. Wis. case: by the United States/CFTC (26-2636, docketed Aug. 10, 2026, with a motion to expedite filed Aug. 11, 2026; opening brief due Sept. 21, 2026), by KalshiEX (26-2675, brief due Sept. 23, 2026) and by the American Gaming Association (26-2696, brief due Sept. 28, 2026). No decision found as of Oct. 21, 2026.

  8. 8th

    Eighth Circuit

    Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota

    Appeal pending

    • Kalshi v. Iowa (Eighth Circuit)PendingBriefing stage: transcript due Oct. 27, 2026; Kalshi's opening brief and appendix due Nov. 6, 2026; appellees' brief due 30 days later. No motions or rulings listed.

  9. 9th

    Ninth Circuit

    Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington

    Ruled for the states

    Aug. 28, 2026. Ruled for Nevada in the consolidated Kalshi, Robinhood and Crypto.com (NADEX) appeals, affirming in part and remanding in part in Kalshi's case. Read the opinion

    • Arizona's appeal of the federal injunction (Ninth Circuit)PendingArizona's appeal of the May 5, 2026 injunction was stayed on July 21, 2026 pending the Nevada appeals. After the Ninth Circuit's Aug. 28, 2026 Nevada ruling, Arizona filed a status report (Sept. 4, 2026) and on Sept. 14, 2026 asked the court to summarily vacate the injunction as it applies to sports contracts. No ruling found as of Oct. 21, 2026.
    • Washington v. Kalshi remand appeal (Ninth Circuit)PendingStay pending appeal denied May 21, 2026 (Nelson, Bade, Lee). Briefing was set to finish in late August 2026; Vultax reports the appeal is now paused, which the docket (retrieved July 10, 2026) does not yet show. No decision.
    • Kalshi v. Arizona (Ninth Circuit, Kalshi's appeal)PendingStayed since June 4, 2026 pending issuance of the mandates in the consolidated Nevada appeals (Nos. 25-7187, 25-7516, 25-7831). No later docket activity found.
    • Nevada v. Polymarket remand appeal (Ninth Circuit)PendingPending. The stay motion was fully briefed by March 30, 2026; the Justia docket (retrieved April 22, 2026) shows no ruling on it, though Vultax and Bloomberg Law report the stay request failed. No merits decision.
    • Nevada v. Kalshi remand appeal (Ninth Circuit)PendingBriefing stage. On May 21, 2026 the court denied Kalshi a stay pending appeal and denied Nevada's motion to dismiss for lack of jurisdiction. An April 16 'argued and submitted' entry was later noted as entered in error; the appeal has not been argued. No merits decision.
    • Robinhood v. Nevada (Ninth Circuit)DecidedDecided for Nevada on Aug. 28, 2026; cert petition No. 26-338 pending.
    • Kalshi v. Nevada (Ninth Circuit)DecidedAffirmed in part and remanded in part on Aug. 28, 2026. Kalshi petitioned for rehearing en banc in September 2026; the petition is pending and the mandate has not issued.
    • Crypto.com (NADEX) v. Nevada (Ninth Circuit)DecidedDecided for Nevada on Aug. 28, 2026; cert petition No. 26-344 pending.

  10. 10th

    Tenth Circuit

    Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming

    Appeal pending

    • Kalshi v. Utah (Tenth Circuit)PendingThe Tenth Circuit denied Kalshi's emergency motion for an injunction pending appeal on Sept. 8, 2026; the appeal remains pending with no merits ruling found as of Oct. 21, 2026.

  11. 11th

    Eleventh Circuit

    Alabama, Florida, Georgia

    No appeal yet

    No prediction-market preemption appeal has reached this court.

  12. D.C.

    D.C. Circuit

    District of Columbia

    No appeal yet

    No appeal on state gambling law. The D.C. Circuit heard Kalshi's 2024 election-contract fight with the CFTC, which ended when the CFTC dropped its appeal.

At the Supreme Court

A conflict between appeals courts on the same important question is one of the reasons the Supreme Court lists for agreeing to hear a case (Supreme Court Rule 10(a)). These petitions are pending.

  • No. 26-299

    New Jersey v. Kalshi (Supreme Court petition)

    Flaherty v. KalshiEX, LLC

    Petition pending; Kalshi's brief in opposition is due Nov. 9, 2026 after a clerk's extension. Eleven amicus briefs were filed from Sept. 22, 2026 through Oct. 8, 2026. The petition has not been distributed for conference.

    Next: Nov. 9, 2026 18 days

  • No. 26-338

    Robinhood v. Nevada (Supreme Court petition)

    Robinhood Derivatives, LLC v. Dreitzer

    Petition pending; the response deadline was extended on Oct. 9, 2026 from Oct. 14, 2026 to Nov. 13, 2026 for all respondents. Not yet distributed for conference.

    Next: Nov. 13, 2026 22 days

  • No. 26-344

    Crypto.com (NADEX) v. Nevada (Supreme Court petition)

    North American Derivatives Exchange, Inc. v. Nevada

    Petition pending; the response deadline was extended on Oct. 8, 2026 from Oct. 15, 2026 to Nov. 16, 2026 for all respondents. Not yet distributed for conference.

    Next: Nov. 16, 2026 25 days

the Fifth Circuit and the Eleventh Circuit have no appeal yet. A state in those circuits that sues or is sued would start the clock there. Follow every case on the lawsuit tracker and every pending ruling on the open questions page.

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