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Unchained · Wednesday, September 2, 2026

Ninth Circuit rules Kalshi's event contracts are gambling, creating circuit split

The Ninth Circuit Court of Appeals ruled three-zero that Nevada can enforce its gambling laws against Kalshi's Sports Event Contracts, with Judge Ryan Nelson calling them a "quintessential form of gambling outside the CFTC's purview." This ruling directly conflicts with an April decision by the Third Circuit, which held that Kalshi is regulated by the CFTC, creating a circuit split that could lead to Supreme Court involvement.

personRyan NelsoncompanyKalshi

The tape

4 quotes
But the ruling was that the Ninth Circuit ruled three zero that Nevada can enforce its gambling laws against Calshe's Sports Event Contracts.
Uh, Judge Ryan Nelson specifically said Calshe Sports Contracts are, quote, a quintessential form of gambling outside the CFTC's purview.
That was in New Jersey.
This means we have a live circuit split, which is why I am specifically flagged the Supreme Court part.
Heard on Unchained — “Bits + Bips: Is Kalshi Headed to the Supreme Court Next?, published Wednesday, September 2, 2026. Heardvine summarizes and quotes with attribution and timestamps, and links to the original everywhere.
Transcribed via Gemini audio transcription · $0.01
Ninth Circuit rules Kalshi's event contracts are gambling, creating circuit split — Heardvine