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Operator v. state
U.S. Court of Appeals for the Sixth Circuit, 26-5235
Decided
Bluebook
KalshiEX LLC v. Orgel, Prediction Market Laws (last updated Oct. 21, 2026), https://predictionmarketlaws.com/lawsuits/kalshi-v-orgel-6th-cir.
APA
Prediction Market Laws. (2026, October 21). KalshiEX LLC v. Orgel. https://predictionmarketlaws.com/lawsuits/kalshi-v-orgel-6th-cir
Preliminary 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.
The question
Whether the Commodity Exchange Act preempts Tennessee gambling or sports-wagering law as applied to event contracts listed on a CFTC-designated contract market.
Tennessee appealed the injunction Kalshi had won. In the joint Ohio/Tennessee opinion, the Sixth Circuit held the CEA does not preempt Tennessee's sports-wagering law as applied to Kalshi's sports contracts, vacated the injunction and remanded.
No decision date set13 days since the petition
Petition filed Oct. 9Pending
Resolves Yes if the court grants panel rehearing or rehearing en banc in KalshiEX v. Schuler and KalshiEX v. Orgel, No if it denies both.
Sixth Circuit Nos. 26-3196 and 26-5235. Source: Kalshi's petition (PDF)
Will a Sixth Circuit panel side with Kalshi against Ohio and Tennessee?
The panel affirmed the denial of Kalshi's injunction in Ohio and vacated Kalshi's injunction in Tennessee and remanded. Kalshi has asked for rehearing. Sixth Circuit Nos. 26-3196 and 26-5235. Source: Opinion
Kalshi petitions for rehearing en banc in the joint Ohio/Tennessee appeals.
Source: nextpredict.io
Panel vacates the preliminary injunction and remands.
Source: law.justia.com
Oral argument before Judges Clay, Gibbons and Bloomekatz.
Source: dockets.justia.com
Court consolidates Nos. 26-3196 and 26-5235 (and drops the Tennessee Sports Wagering Council as a party in 26-5235).
Source: dockets.justia.com
Court agrees to send the Tennessee appeal to the same merits panel as the Ohio appeal.
Source: dockets.justia.com
Appeal docketed.
Source: dockets.justia.com