TREE NEWS update: A federal judge in the Northern District of Illinois granted Kalshi a partial preliminary injunction on October 2, blocking the state from enforcing its sports betting licensing regime against the prediction market. Judge Martha M. Pacold said championship-winner contracts may qualify as swaps under the Commodity Exchange Act, diverging from the Ninth Circuit’s August ruling that such contracts are gambling, not swaps. The court left Illinois’s new prediction-market fee schedule undecided.
Kalshi Wins Partial Preliminary Injunction Against Illinois Sports Betting Regime
This is a meaningful crack in the state-by-state enforcement wall around prediction markets: a federal court has now entertained the idea that championship-winner contracts sit under the Commodity Exchange Act, directly contradicting the Ninth Circuit's gambling framing. Kalshi gains breathing room in Illinois, but the split between circuits invites appellate resolution, and the unresolved fee schedule leaves a state-level cost lever intact. Whether other states read this as a template, or whether the swap-versus-gambling question reaches the Supreme Court, is the open question worth watching.
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