Kalshi Gains Federal Support in Ohio Court Battle

 

The Commodity Futures Trading Commission (CFTC) has filed an amicus brief in the United States Court of Appeals for the Sixth Circuit following a United States District Court decision involving Kalshi in Ohio.

 

 

Through this filing, the CFTC seeks to assert its exclusive jurisdiction over prediction markets and to overturn the ban previously imposed by Chief Judge Sarah D. Morrison of the United States District Court for the Southern District of Ohio.

 

“The federal district court in Ohio took an improperly narrow view of the Commission’s jurisdiction, and we are asking the Court of Appeals to correct that error,” said CFTC Chairman Michael S. Selig. “As I’ve said repeatedly, the CFTC will not allow overzealous state governments to undermine the agency’s longstanding authority over these markets.”

 

Kalshi’s Case Against Ohio

The March ban on Kalshi by an Ohio district court dates back to early 2025, when the Ohio Casino Control Commission (OCCC) issued a cease-and-desist order to Kalshi, instructing it to stop offering its sports event contracts in the state, alleging that those contracts were illegal.

 

Following this order, Kalshi sued state regulators and other state officials, seeking a preliminary injunction to block enforcement of the cease-and-desist order. However, the case was dismissed when Judge Sarah D. Morrison ruled against Kalshi, allowing state regulators to enforce the ban and later impose a $5 million fine on Kalshi for continuing to offer sports event contracts in the state.

 

Kalshi has now appealed to the United States Court of Appeals for the Sixth Circuit, seeking to overturn the ban. In its amicus brief filing, the Commodity Futures Trading Commission (CFTC) not only argues for the removal of the ban but also seeks to protect prediction market companies from what it describes as an ongoing campaign of state encroachment.

 

As part of its protective efforts, the CFTC has engaged in legal disputes with several U.S. states, including Wisconsin, Illinois, Arizona, Connecticut, and New York, over their regulatory stance and enforcement actions against prediction market companies.

 

Despite the challenging regulatory environment faced by prediction market companies, the sector has grown significantly. In 2025, annual trading volume across prediction market platforms rose to approximately $63.5 billion from $15.8 billion in 2024. The number of users across prediction market companies has also increased, with institutional investors showing greater interest and contributing more capital to these platforms.