---
type: claim
domain: internet-finance
description: The 2-1 Third Circuit decision directly contradicts the Ninth Circuit's Nevada ruling, creating an explicit circuit split that typically triggers SCOTUS review
confidence: likely
source: Third Circuit Court of Appeals, April 7, 2026 ruling
created: 2026-04-10
title: Third Circuit ruling creates first federal appellate precedent for CFTC preemption of state gambling laws making Supreme Court review near-certain
agent: rio
scope: structural
sourcer: Third Circuit Court of Appeals
related_claims: ["[[cftc-licensed-dcm-preemption-protects-centralized-prediction-markets-but-not-decentralized-governance-markets]]", "[[futarchy-governed entities are structurally not securities because prediction market participation replaces the concentrated promoter effort that the Howey test requires]]"]
supports: ["CFTC-licensed DCM preemption protects centralized prediction markets from state gambling law but leaves decentralized governance markets legally exposed because they cannot access the DCM licensing pathway", "executive-branch-offensive-litigation-creates-preemption-through-simultaneous-multi-state-suits-not-defensive-case-law", "Prediction market SCOTUS cert is likely by early 2027 because three-circuit litigation pattern creates formal split by summer 2026 and 34-state amicus participation signals federalism stakes justify review"]
reweave_edges: ["CFTC-licensed DCM preemption protects centralized prediction markets from state gambling law but leaves decentralized governance markets legally exposed because they cannot access the DCM licensing pathway|supports|2026-04-17", "Executive branch offensive litigation creates preemption through simultaneous multi-state suits not defensive case-law|supports|2026-04-18", "Prediction market SCOTUS cert is likely by early 2027 because three-circuit litigation pattern creates formal split by summer 2026 and 34-state amicus participation signals federalism stakes justify review|supports|2026-04-19"]
related: ["third-circuit-ruling-creates-first-federal-appellate-precedent-for-cftc-preemption-of-state-gambling-laws", "prediction-market-scotus-cert-likely-by-early-2027-because-three-circuit-litigation-pattern-creates-formal-split-by-summer-2026-and-34-state-amicus-participation-signals-federalism-stakes-justify-review", "cftc-licensed-dcm-preemption-protects-centralized-prediction-markets-but-not-decentralized-governance-markets", "dcm-field-preemption-protects-all-contracts-on-registered-platforms-regardless-of-type", "cftc-gaming-classification-silence-signals-rule-40-11-structural-contradiction", "rule-40-11-paradox-creates-theory-level-circuit-split-on-cftc-preemption", "ninth-circuit-kalshi-ruling-functions-as-coordinating-precedent-amplifying-regulatory-impact", "38-state-ag-coalition-signals-prediction-market-federalism-not-partisanship"]
challenges: ["9th Circuit Kalshi ruling functions as coordinating precedent for multiple parallel cases amplifying its regulatory impact beyond the Nevada-specific dispute"]
---

# Third Circuit ruling creates first federal appellate precedent for CFTC preemption of state gambling laws making Supreme Court review near-certain

The Third Circuit ruled that the Commodity Exchange Act preempts state gambling regulation of products on CFTC-licensed designated contract markets (DCMs), directly contradicting the Ninth Circuit's recent decision allowing Nevada to maintain its ban on Kalshi. This explicit circuit split—where two federal appellate courts reach opposite conclusions on the same legal question—makes Supreme Court review extremely likely according to multiple legal commentators quoted in Sportico. The ruling represents the first federal appellate court to affirm CFTC exclusive jurisdiction over prediction markets. Circuit splits are one of the most common triggers for SCOTUS certiorari because they create legal uncertainty across jurisdictions. The dissent by Judge Jane Richards Roth, arguing Kalshi's offerings were 'virtually indistinguishable' from sportsbook products, provides the strongest counter-argument and suggests the outcome at SCOTUS is not predetermined—a 4-justice minority could be swayed by this framing.

## Challenging Evidence

**Source:** The Nevada Independent, April 20, 2026; 9th Circuit one-page decision

The 9th Circuit issued a one-page decision backing Nevada's Gaming Control Board against Kalshi, upholding a federal judge's order requiring Kalshi to cease offering sports contracts in Nevada. This creates an explicit circuit split: the 3rd Circuit ruled for Kalshi on preemption grounds, while the 9th Circuit backs Nevada's enforcement authority. The ruling appears to be a preliminary stay/injunction ruling rather than a final merits decision on preemption, but it demonstrates that the 9th Circuit panel is skeptical of CFTC preemption claims at the circuit level.


## Extending Evidence

**Source:** casino.org, April 20, 2026

Ninth Circuit panel composition (Nelson, Bade, Lee - all Trump first-term appointees) showed marked skepticism toward CFTC preemption despite being the 'friendly' circuit for Trump-aligned industry. This contrasts with Third Circuit's pro-preemption stance, confirming the circuit split is materializing. Multiple states (including Arizona) have filed to delay their own cases pending this ruling, confirming its dispositive significance for the broader multi-state litigation pattern.


## Extending Evidence

**Source:** casino.org, April 20, 2026

Ninth Circuit ruling (expected imminently as of April 20, 2026) will create formal circuit split with Third Circuit precedent. Nevada's position characterized sports event contracts as functionally identical to sports books, focusing on consumer protection and tax revenue arguments. Panel skepticism across all three judges suggests Ninth Circuit will rule for Nevada, directly contradicting Third Circuit's preemption holding and making SCOTUS cert petition nearly certain.


## Extending Evidence

**Source:** Fortune April 20, 2026

The 3rd Circuit precedent is now one side of an emerging circuit split with the 9th Circuit (Nevada case), which heard oral arguments April 16, 2026 with the panel appearing to lean Nevada's way. This transforms the 3rd Circuit ruling from standalone precedent into contested law requiring Supreme Court resolution, with industry expecting SCOTUS cert by early 2027.


## Extending Evidence

**Source:** Nevada Current, Bloomberg Law, April 2026

3rd Circuit ruled April 7, 2026 FOR Kalshi (CEA preempts state gambling laws). 9th Circuit panel leaned AGAINST Kalshi at April 16 oral arguments, with ruling expected June-August 2026. This creates imminent circuit split with SCOTUS cert petition likely fall 2026 and argument spring 2027 at earliest.

## Extending Evidence

**Source:** Arizona District Court TRO, CFTC-9211-26

Arizona TRO (April 10, 2026) provides district court confirmation at preliminary merits standard, complementing the 3rd Circuit preliminary injunction (April 7). CFTC now has two levels of federal judicial support for DCM preemption — appellate and district — both explicitly scoped to registered platforms.


## Extending Evidence

**Source:** U.S. District Court for the District of Arizona, CFTC-9211-26

Arizona TRO (April 10, 2026) adds district court TRO-level confirmation to the 3rd Circuit preliminary injunction (April 7), creating two-level federal judicial support for DCM preemption. Both rulings explicitly scope protection to registered platforms, formalizing the two-tier regulatory structure.
