Sixth Circuit denies Kalshi injunction in Ohio; Arizona case paused, New Jersey eyes Supreme Court
The US Court of Appeals for the Sixth Circuit denied Kalshi's request for an injunction pending appeal in its case against Ohio, according to a May 18 GamblingInsider.com review. Separately, an Arizona lawsuit challenging Kalshi's sports event contracts is on hold while appeals proceed at the Ninth Circuit, as reported May 18. Meanwhile, New Jersey plans to seek US Supreme Court review of a Third Circuit decision that upheld an injunction blocking the state's enforcement action against Kalshi's sports event contracts. None of the rulings addressed the merits of the underlying disputes over state versus federal authority over prediction markets.
Kalshi now lacks interim protection in Ohio while the Arizona dispute idles at the Ninth Circuit and New Jersey escalates to the Supreme Court. The platform must defend on three appellate fronts simultaneously, with no circuit yet ruling definitively on federal preemption of state gambling law.
Brings to five the number of states in active litigation against Kalshi — Ohio, Arizona, New Jersey, Maryland, and now Minnesota — with the CFTC intervening on Kalshi's side in three of them, testing whether federal preemption can override state gambling authority across circuits.