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Ars Technica·

⚖️Trump Administration Sues Utah to Save Kalshi's Gambling-Style Markets

Your sports betting app might be next on the chopping block

TL;DR

The CFTC is suing Utah to stop the state from shutting down Kalshi, a prediction market running what looks like an online casino. Utah won the first round in federal court. If the CFTC loses, state gambling laws could stop applying to prediction markets, and that hits Polymarket, DraftKings, and FanDuel too.

The federal government just picked a fight with Utah over gambling. The CFTC filed suit to block Utah from enforcing its gambling ban against Kalshi, even though Utah already beat Kalshi in federal court. Kalshi runs what is effectively an online casino in Utah and calls it a prediction market. Utah's constitution bans gambling, and the state has enforced that rule for 130 years. If you build on or around prediction markets, this one matters. The core question is whether event contracts count as swaps under the Commodity Exchange Act, and whether that gives the CFTC authority that overrides state gambling law. If the CFTC wins, state gambling rules may stop applying to these platforms. If Utah wins, every state gets a stronger hand. Polymarket and sports books like DraftKings and FanDuel, which offer prediction-market products in various states, are directly exposed. The numbers so far: Judge Robert Shelby granted Utah summary judgment in its favor and denied Kalshi's preliminary injunction request. Kalshi sued Utah in February, and Utah filed its own enforcement lawsuit about six weeks later. Kalshi is appealing to the Tenth Circuit, which already refused its emergency injunction request. The CFTC has also sued Arizona, Connecticut, Illinois, Kentucky, Minnesota, New Mexico, New York, Rhode Island, and Wisconsin. Most states want the Supreme Court to settle this, and it probably will.

Trump Administration Sues Utah to Save Kalshi's Gambling-Style Markets — Ars Technica

Key Points

1

Utah's constitution prohibits gambling, and the state has enforced its gambling laws for 130 years, long before prediction markets existed as a product category.

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KalshiCFTCprediction marketsgambling lawUtah

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