Sixth Circuit: Ohio and Tennessee may apply their gambling laws to Kalshi sports contracts
On September 25, 2026, the Sixth Circuit ruled in KalshiEX v. Schuler and KalshiEX v. Orgel (Nos. 26-3196/5235) that Kalshi has not shown its sports-event contracts are "swaps" within the CFTC’s exclusive jurisdiction, and that even if they were, the Commodity Exchange Act does not preempt Ohio’s or Tennessee’s gambling laws. The court affirmed the Southern District of Ohio’s denial of a preliminary injunction and vacated the Middle District of Tennessee’s injunction that had protected Kalshi. The rulings concern preliminary injunctions; both cases return to the district courts.