TREE NEWS update: A three-judge panel of the US Sixth Circuit Court of Appeals ruled Friday that Ohio and Tennessee regulators may pursue enforcement action against Kalshi Inc. over alleged evasion of the two states’ sports betting laws. The court rejected Kalshi’s argument that the Commodity Futures Trading Commission is the sole federal regulator of its business and that federal law bars state action against it.
Kalshi Must Face Ohio and Tennessee Enforcement After Appeals Ruling
The Sixth Circuit's rejection of Kalshi's preemption defense is the more consequential part of this ruling: it undercuts the argument that CFTC oversight immunizes event-contract venues from state gaming enforcement, a theory other platforms have leaned on. That shifts leverage toward state regulators, who can now proceed without waiting on federal resolution. Whether other circuits align — or whether Kalshi seeks further review — is the open question shaping how far state-by-state enforcement risk extends.
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