# Sixth Circuit Kalshi Intra-Circuit Split

**Type:** Legal proceeding  
**Status:** Pending circuit-level resolution  
**Jurisdiction:** Sixth Circuit Court of Appeals  
**Issue:** Conflicting district court rulings on CFTC preemption within same circuit

## Overview

The Sixth Circuit faces an intra-circuit split where two district courts reached opposite conclusions on identical statutory text regarding whether CFTC-registered DCMs are preempted from state gambling laws.

## District Court Rulings

- **Tennessee Middle District** — Ruled for Kalshi (pro-CFTC preemption)
- **Ohio Northern District** — Ruled against Kalshi (pro-state authority)

## Timeline

- **[Date TBD]** — Tennessee Middle District ruled for Kalshi
- **[Date TBD]** — Ohio Northern District ruled against Kalshi
- **Pending** — Sixth Circuit must resolve before it counts as circuit-level ruling

## Legal Significance

This intra-circuit split demonstrates that the prediction market preemption question is embedded within circuits, not just between circuits. The Sixth Circuit's resolution will either create another pro-CFTC circuit (if it follows Tennessee) or another pro-state circuit (if it follows Ohio), deepening the circuit split that makes SCOTUS review more likely.

## Related Cases

- [[third-circuit-kalshiex-flaherty]] — Pro-CFTC preemption precedent
- [[fourth-circuit-kalshi-maryland-preemption-case]] — Pending, district court pro-state
- [[ninth-circuit-kalshi-nevada-consolidated-cases]] — Pending, signaled pro-state

## Sources

- BettorsInsider circuit-by-circuit analysis, May 5, 2026