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The Ninth Circuit ruled that Kalshi sports event contracts are not swaps, New Jersey has until September 3 to seek Supreme Court review

2026-08-31 23:47

Odaily News - The U.S. Court of Appeals for the Ninth Circuit ruled 3-0 on August 28 that sports event contracts offered by Kalshi are not swaps, and that the Commodity Exchange Act does not preclude Nevada from applying gambling regulations to the relevant contracts. The court also vacated a prior injunction that allowed Kalshi to continue offering the contracts, and denied injunction requests from Crypto.com and Robinhood.

The U.S. Court of Appeals for the Third Circuit ruled in April of this year that Kalshi's related contracts were likely swaps and protected by federal law from state regulation. The two federal appellate courts are now split on the issue, and New Jersey has a September 3 deadline to petition the U.S. Supreme Court for review.

Kalshi said it will seek further review and believes current U.S. Commodity Futures Trading Commission (CFTC) rules do not prohibit sports event contracts. Robinhood said it plans to appeal; the CFTC, meanwhile, noted that derivatives structured as swaps qualify as swaps, and except for onions and movie box office revenue, the law provides no related exemptions. (Bitcoin.com News)