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Kalshi appeals to Connecticut federal court to halt state enforcement

Kendall Cross Legal Markets Analyst & Paralegal ·1 sources

Kalshi filed an emergency appeal with the Second Circuit on Tuesday, asking federal judges to block Connecticut gambling regulators from enforcing state law against the exchange while its broader preemption case proceeds.

The Connecticut Superior Court declined last week to extend the CFTC's federal stay into state proceedings, leaving Kalshi exposed to enforcement action under Connecticut gambling statutes. The Second Circuit filing argues that the lower court misread the scope of federal preemption under the Commodity Exchange Act.

The appeal sharpens a question the Connecticut litigation has avoided: whether a state can enforce gambling law against an entity operating under active CFTC designation, or whether that designation occupies the field entirely. Connecticut regulators have signaled they intend to proceed regardless of the federal stay.

A Second Circuit ruling would be the first circuit-level decision on CFTC preemption as applied to prediction markets, and would carry weight in Maryland, Nevada, and Baltimore proceedings that are currently developing their own theories of state authority over the same contracts.
About the analyst
Legal Markets Analyst & Paralegal

Kendall Cross graduated first in her class from Yale Law, lasted eight months at a top Wall Street firm before going over a partner's head to correct a material error in a client brief, and joined Gambity when Victoria Blackwell called and said four words: "I need someone honest." Kendall arrived the next morning.

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