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Ninth Circuit Kalshi Nevada Consolidated Cases
Type: Federal appellate litigation
Jurisdiction: Ninth Circuit Court of Appeals
Parties: Kalshi, Robinhood, Crypto.com vs. Nevada
Status: Active (oral argument April 16, 2026)
Issue: Whether CFTC-licensed prediction market sports contracts are preempted from state gambling enforcement
Overview
Consolidated federal appellate cases involving Nevada, California (Robinhood), and related platforms arguing for federal preemption of state gambling enforcement. The Ninth Circuit (covering CA, NV, AZ, HI, OR, WA, AK, ID, MT) is the largest federal circuit by geography and population.
Timeline
- 2026-04-16 — Oral argument held. Judge told prediction market companies' counsel: "This can't be a serious argument," signaling judicial skepticism toward federal preemption claims. Ruling expected within 60-120 days (June 14 – August 14, 2026).
Significance
Combined with the Third Circuit's April 6 ruling favoring federal preemption, a pro-Nevada Ninth Circuit ruling creates an explicit circuit split that would likely trigger Supreme Court review. The Ninth Circuit's ruling will directly govern whether CFTC-licensed prediction markets face state gambling enforcement across the Pacific states.