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Checked Oct. 21, 2026

MA ยท Checked Oct. 21, 2026

Prediction market law in Massachusetts

In litigation

A state-court injunction against Kalshi's sports contracts has been stayed since February 2026 while Massachusetts' highest court considers Kalshi's appeal.

Attorney General Andrea Campbell sued Kalshi in Suffolk Superior Court on Sept. 12, 2025; a federal judge sent the case back to state court on Oct. 28, 2025. Judge Christopher Barry-Smith granted a preliminary injunction against Kalshi's unlicensed sports contracts on Jan. 20, 2026 and refused to stay it, but on Feb. 17, 2026 Appeals Court Justice Sabita Singh stayed the injunction pending appeal. The Supreme Judicial Court took the appeal (SJC-13906) in March, heard argument on May 4, 2026, and had not ruled as of mid-October 2026. Robinhood, Polymarket, Novig and Underdog have filed their own federal suits against the attorney general, several of them paused until the SJC rules.

Open questions for Massachusetts

Timeline of state actions

  1. Other development, Kalshi

    Massachusetts's attorney general signed an Ohio-led amicus brief, joined by 38 other states and DC, asking the U.S. Supreme Court to grant New Jersey's petition in Flaherty v. KalshiEX (No. 26-299).

    Source: Ohio et al. amicus brief, U.S. Supreme Court No. 26-299

  2. Operator lawsuit, Underdog

    Underdog's exchange and its brokerage affiliate sued the attorney general and others in federal court, arguing federal commodities law preempts state enforcement.

    Source: DeFi Rate tracker sources page

  3. Other development, Kalshi

    The Supreme Judicial Court heard argument on Kalshi's appeal (SJC-13906); reports described the justices as skeptical of Kalshi. No decision had been reported as of Oct. 19, 2026.

    Source: CDC Gaming / InGame

  4. Other development, Kalshi

    The CFTC filed an amicus brief in the Supreme Judicial Court supporting Kalshi's federal preemption arguments.

    Source: CFTC amicus brief, SJC-13906

  5. Other development, Kalshi

    The Supreme Judicial Court moved the appeal to its own docket (SJC-13906), invited amicus briefs on federal preemption and set an expedited briefing schedule; the stay stayed in place.

    Source: State House News Service

  6. Court order, Polymarket

    Judge William G. Young approved a joint request to pause Polymarket's federal case until the state appellate courts review the Kalshi injunction.

    Source: Bloomberg Law

  7. Court order, Kalshi

    Appeals Court Justice Sabita Singh (No. 2026-J-0143) granted Kalshi's motion to stay the injunction pending appeal, without expressing a view on the merits, and expedited the appeal.

    Source: Bloomberg Law

  8. Operator lawsuit, Polymarket

    Polymarket sued in federal court to stop the attorney general from enforcing state sports-wagering licensing law against it.

    Source: Prediction Market Litigation Tracker (mickbransfield.com)

  9. Court order, Kalshi

    Judge Barry-Smith entered the injunction and denied Kalshi's emergency motion to stay it, allowing 30 days for compliance so Kalshi could seek a stay from the Appeals Court.

    Source: InGame

  10. Court order, Kalshi

    Suffolk Superior Court granted the attorney general's preliminary injunction barring Kalshi from offering sports event contracts in Massachusetts without a state license.

    Source: ZwillGen

  11. Court order, Kalshi

    Judge Richard Stearns of the District of Massachusetts (No. 1:25-cv-12595) remanded the case to state court after Kalshi tried to remove it.

    Source: D. Mass. remand order (via InGame)

  12. State lawsuit, Kalshi

    The attorney general sued Kalshi in Suffolk Superior Court, alleging it offers sports wagering in Massachusetts without a license.

    Source: SBC Americas

Laws and bills

No enacted laws or pending bills specific to prediction markets found.

Court cases

Sources

  1. SBC Americas
  2. D. Mass. remand order (via InGame)
  3. ZwillGen
  4. InGame
  5. Bloomberg Law
  6. Prediction Market Litigation Tracker (mickbransfield.com)
  7. Bloomberg Law
  8. State House News Service
  9. CFTC amicus brief, SJC-13906
  10. CDC Gaming / InGame
  11. DeFi Rate tracker sources page
  12. Ohio et al. amicus brief, U.S. Supreme Court No. 26-299
  13. Sports betting status