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Federal appeals court panel gives Nevada a win in its fight to regulate prediction market Kalshi

The 3-0 ruling says federal law likely does not block state gaming rules, deepening a split with the Third Circuit.

  • A federal appeals court ruled that Nevada can enforce its gambling laws on sports-related prediction contracts, rejecting claims that these contracts are federally regulated financial instruments under the Commodity Exchange Act.
  • The Ninth Circuit determined that Kalshi's sports event contracts are sports bets, not swaps, and thus may be regulated by states, contrasting a prior Third Circuit ruling favoring Kalshi.
  • The court noted Kalshi's own advertising labeling itself as a legal sports betting app in all 50 states as evidence that these contracts constitute sports gambling.
  • Kalshi plans to continue challenging the ruling, asserting that Commodity Futures Trading Commission regulations permit its sports contracts, while Nevada officials viewed the decision as a significant victory for state gaming regulation.
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Nevada Independent broke the news on Friday, August 28, 2026.
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