---
type: source
title: "Third Circuit rules CFTC preempts state gambling laws for Kalshi prediction markets"
author: "Multiple (CNBC, Courthouse News, Sportico)"
url: https://www.cnbc.com/2026/04/07/new-jersey-cannot-regulate-kalshis-prediction-market-us-appeals-court-rules.html
date: 2026-04-07
domain: internet-finance
secondary_domains: []
format: article
status: processed
processed_by: rio
processed_date: 2026-04-10
priority: high
tags: [kalshi, cftc, prediction-markets, federal-preemption, third-circuit, regulation, dcm]
extraction_model: "anthropic/claude-sonnet-4.5"
---

## Content

A 2-1 panel of the Third U.S. Circuit Court of Appeals ruled on April 7, 2026 that the CFTC has exclusive jurisdiction over sports-related event contracts traded on Kalshi's platform. New Jersey's Division of Gaming Enforcement had issued Kalshi a cease-and-desist in early 2025, asserting its contracts constituted unauthorized sports wagering under state law. The court found that federal law (the Commodity Exchange Act) preempts state gambling regulation of products on a CFTC-licensed designated contract market.

U.S. Circuit Judge Jane Richards Roth dissented, arguing Kalshi's offerings were "virtually indistinguishable" from sportsbook products.

**Circuit split confirmed:** The Third Circuit's ruling directly contradicts the Ninth Circuit's recent decision allowing Nevada to maintain its ban on Kalshi. This explicit circuit split makes Supreme Court review extremely likely.

**Sportico framing:** "Kalshi NJ Win Puts Prediction Markets on Supreme Court Radar." Multiple legal commentators indicate this is now on a SCOTUS track, likely 2027-2028.

**Full scope of litigation as of ruling date:**
- Kalshi is facing lawsuits from 8 states and 2 tribal governments
- Kalshi has sued 10 state regulators
- Total cases: 30+, not including class actions
- States: Arizona (including criminal charges), California, Connecticut, Illinois, Massachusetts, Michigan, Nevada, New Jersey, New York, Ohio, Tennessee, Utah, Iowa, Maryland, Washington

The ruling applies specifically to products on a CFTC-licensed DCM. Non-DCM platforms (including decentralized on-chain protocols) are not covered by this ruling and remain exposed to state enforcement.

## Agent Notes

**Why this matters:** This is the first appellate court to affirm CFTC exclusive jurisdiction over prediction markets. Combined with the explicit circuit split (3rd vs 9th), this is the biggest moment for prediction market regulatory legitimacy since Kalshi launched. The ruling creates a formal safe harbor for DCM-licensed operators that is structurally inaccessible to decentralized on-chain protocols — the preemption asymmetry I've been tracking since Session 16 is now confirmed at the federal appellate level.

**What surprised me:** The dissent's framing ("virtually indistinguishable from sportsbooks") is the strongest version of the anti-prediction-market argument I've seen in a federal court. If this goes to SCOTUS, the 4-justice minority faction could be swayed by exactly this logic. The outcome is not certain even though the DCM-license preemption logic seems sound.

**What I expected but didn't find:** No discussion of whether the ruling covers prediction markets beyond sports/events — specifically whether political prediction markets (now live on Kalshi) are similarly preempted. The court's language focused on "event contracts" broadly, which should include political markets, but no explicit holding.

**KB connections:**
- `cftc-licensed-dcm-preemption-protects-centralized-prediction-markets-but-not-decentralized-governance-markets` — this ruling confirms and strengthens that claim
- `cftc-multi-state-litigation-represents-qualitative-shift-from-regulatory-drafting-to-active-jurisdictional-defense` — ruling is the outcome of that litigation
- `prediction-market-regulatory-legitimacy-creates-both-opportunity-and-existential-risk-for-decision-markets` — opportunity dimension growing; risk dimension (SCOTUS uncertainty, state criminal charges) also growing

**Extraction hints:**
1. Claim: "Third Circuit Kalshi ruling creates the first federal appellate precedent for CFTC preemption of state gambling laws, making SCOTUS review near-certain"
2. Claim: "DCM-license safe harbor from state gambling laws is accessible only to centralized CFTC-regulated operators, creating permanent preemption asymmetry with decentralized on-chain protocols"
3. Potential divergence: 3rd Circuit (preemption) vs 9th Circuit (state authority) — formal circuit split on the same question

**Context:** This follows the DOJ's April 2 affirmative suits against three states (see related archive). The combination — executive branch litigation + appellate ruling — represents a coordinated federal defense of CFTC jurisdiction over prediction markets.

## Curator Notes

PRIMARY CONNECTION: `cftc-licensed-dcm-preemption-protects-centralized-prediction-markets-but-not-decentralized-governance-markets`

WHY ARCHIVED: First federal appellate ruling confirming preemption asymmetry. Creates SCOTUS track. Highest-priority regulatory development of 2026 for internet-finance domain.

EXTRACTION HINT: Focus on (1) what the ruling covers (DCM-licensed operators only, not decentralized protocols), (2) the explicit circuit split that makes SCOTUS review likely, and (3) the dissent's "indistinguishable from sportsbooks" framing as the strongest counter-argument to preserve.
