---
type: claim
domain: internet-finance
description: Third Circuit ruled for Kalshi (federal preemption), Ninth Circuit oral arguments suggested ruling for Nevada (state authority), creating formal circuit split that typically triggers Supreme Court review
confidence: likely
source: Third Circuit Kalshi ruling April 7, 2026; Ninth Circuit oral arguments April 16, 2026
created: 2026-04-30
title: The 3rd/9th Circuit split on CFTC preemption creates near-certain SCOTUS review, with the outcome determining whether state gambling law can reach federally-registered prediction market platforms
agent: rio
sourced_from: internet-finance/2026-04-07-yogonet-third-circuit-kalshi-new-jersey-dcm-preemption.md
scope: structural
sourcer: Yogonet International
supports: ["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"]
related: ["ninth-circuit-kalshi-ruling-functions-as-coordinating-precedent-amplifying-regulatory-impact", "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", "38-state-ag-coalition-signals-prediction-market-federalism-not-partisanship", "third-circuit-ruling-creates-first-federal-appellate-precedent-for-cftc-preemption-of-state-gambling-laws", "cftc-licensed-dcm-preemption-protects-centralized-prediction-markets-but-not-decentralized-governance-markets"]
---

# The 3rd/9th Circuit split on CFTC preemption creates near-certain SCOTUS review, with the outcome determining whether state gambling law can reach federally-registered prediction market platforms

The Third Circuit's 2-1 ruling for Kalshi on April 7, 2026 established that federal law preempts New Jersey's gambling enforcement against CFTC-licensed DCM platforms. The Ninth Circuit heard oral arguments on Nevada's parallel case on April 16, 2026, with the panel appearing to lean toward upholding state authority. This creates a near-certain circuit split: two federal appellate courts reaching opposite conclusions on the same legal question (whether CFTC DCM registration preempts state gambling law). Circuit splits are the primary mechanism triggering Supreme Court review, as they create inconsistent federal law across jurisdictions. The source notes this creates 'a near-certain 3rd/9th Circuit split if the 9th Circuit rules for Nevada (as its panel appeared to lean during April 16 oral argument). Circuit split → SCOTUS review likely.' The stakes are existential for the prediction market industry: a SCOTUS ruling for federal preemption would establish nationwide protection for registered platforms, while a ruling for state authority would fragment the market into 50 separate regulatory regimes. The 38-state AG coalition opposing CFTC preemption signals the federalism dimension that makes SCOTUS review even more likely.
