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Kalshi loses emergency appeal bid against Utah

The ruling keeps Utah free to enforce gambling restrictions as Kalshi continues its appeal, after states won 35 of 41 similar procedural fights, Wallach said.

  • On Tuesday, the 10th U.S. Circuit Court of Appeals denied Kalshi's emergency motion for an injunction pending appeal, clearing the way for Utah to enforce its gambling laws against the prediction market platform.
  • Kalshi had sued Utah earlier in 2026, arguing that its sports event contracts are governed by federal Commodity Futures Trading Commission oversight rather than state gambling statutes.
  • Judges determined Kalshi failed to demonstrate the four required factors for emergency relief: likelihood of success on appeal, threat of irreparable harm, absence of harm to opposing parties, and public interest alignment.
  • Utah Attorney General Derek Brown told FOX 13 News he was "grateful the properly denied the stay request," though he declined to confirm whether enforcement action is imminent.
  • The ruling reflects a broader pattern: legal analyst Daniel Wallach reported states have prevailed in 35 of 41 emergency relief contests, an 85% success rate, as 38 active prediction-market cases proceed across 21 states.
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Sports Betting Dime broke the news on Tuesday, September 8, 2026.
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