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Kalshi Loses Again at Ninth Circuit as CA Tribes Win

California tribal nations defeat Kalshi's federal preemption claim in second consecutive appellate ruling.

·Industry Analysts··2 min read
Kalshi Loses Again at Ninth Circuit as CA Tribes Win

The Ninth Circuit handed Kalshi its second consecutive appellate loss this week, ruling in favor of California tribal nations — including the Blue Lake Rancheria and Chicken Ranch tribes — in their challenge to Kalshi's bid to offer sports event contracts under federal CFTC regulation.

Why It Matters

Kalshi's core argument — that federal oversight of prediction markets preempts state gambling law, allowing it to operate nationwide without state licenses — has now failed twice at the Ninth Circuit, according to Legal Sports Report. For tribal operators, who hold exclusive gaming compacts in California, the ruling reinforces that states and tribes retain meaningful authority to block federally registered prediction markets from encroaching on their territory. For bettors and the broader iGaming industry, the decision signals that Kalshi's path to offering sports contracts in major U.S. markets remains legally contested rather than settled. Gambling always carries financial risk, and regulatory uncertainty compounds that for platforms operating in gray zones.

Context

Kalshi received CFTC authorization to list sports contracts in 2025, triggering immediate legal challenges from state attorneys general and tribal gaming interests who argued the contracts were effectively sports bets subject to state law. The Ninth Circuit covers nine western states including California, making its rulings particularly consequential for Kalshi's national expansion strategy.

What's Next

Kalshi must decide whether to seek an en banc Ninth Circuit rehearing or escalate to the U.S. Supreme Court — either path likely extends the legal timeline into 2027 or beyond. Watch for parallel litigation in other circuits, where different outcomes could create a federal circuit split that forces Supreme Court intervention.


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