Legal tracker / Kalshi v. Tennessee
Case · as of Oct 15, 2026
Kalshi v. Tennessee
For the states Kalshi's injunction vacated on appeal; rehearing petition pending
Judge Aleta Trauger granted Kalshi a preliminary injunction on Feb. 19, 2026 (against the individual officials), finding its sports contracts are swaps within the CFTC's exclusive jurisdiction. The Sixth Circuit vacated that injunction on Sept. 25, 2026 in the same opinion that ruled against Kalshi in Ohio, and remanded; Tennessee's Sports Wagering Council may now enforce against Kalshi. On Oct. 9, 2026 Kalshi (counsel Neal Katyal) petitioned for panel rehearing and rehearing en banc in both consolidated appeals, arguing the decision conflicts with Third and Ninth Circuit rulings and that the CFTC's Oct. 9 swap-definition proposal and interim gambling-exclusion rule 'substantially undermine' the panel's swap holding.
Case record last checked against its sources on Oct 12, 2026.
| Case | KalshiEX LLC v. Orgel |
| Court | U.S. Court of Appeals for the Sixth Circuit; U.S. District Court for the Middle District of Tennessee |
| Docket | 26-5235 (6th Cir.); 3:26-cv-00034 (M.D. Tenn.) |
| Filed | 2026-01 |
| Type | Preemption suit |
| Companies | Kalshi |
| Other side | Tennessee Sports Wagering Council officials (William Orgel, Mary Beth Thomas) and Attorney General Jonathan Skrmetti |
| Last action | Oct 9, 2026: Kalshi petitioned for panel rehearing and rehearing en banc. |
| Next date | : Sixth Circuit action on Kalshi's rehearing petition. |
History
Newest first.
| Date | What happened |
|---|---|
| Oct 9, 2026 | Kalshi filed a petition for rehearing and rehearing en banc covering the Ohio and Tennessee appeals. |
| Sep 25, 2026 | Sixth Circuit vacated the injunction. |
| Jul 30, 2026 | Sixth Circuit oral argument (consolidated with Ohio appeal). |
| Mar 20, 2026 | Tennessee appealed. |
| Feb 19, 2026 | District court granted Kalshi a preliminary injunction against the individual officials. |
Sources
- Sixth Circuit opinion (PDF) (primary)
- M.D. Tenn. order granting PI (Justia) (primary)
- M.D. Tenn. docket (CourtListener) (primary)
- News: InGame (Tennessee PI)
- Tracker: Mick Bransfield prediction-market litigation tracker
- Straight to the Point: PM Corner on the CFTC's new rules
- DeFi Rate prediction-market lawsuit tracker
Kalshi v. Tennessee: questions
What is the status of Kalshi v. Tennessee?
Kalshi's injunction vacated on appeal; rehearing petition pending. Judge Aleta Trauger granted Kalshi a preliminary injunction on Feb. 19, 2026 (against the individual officials), finding its sports contracts are swaps within the CFTC's exclusive jurisdiction. The Sixth Circuit vacated that injunction on Sept. 25, 2026 in the same opinion that ruled against Kalshi in Ohio, and remanded; Tennessee's Sports Wagering Council may now enforce against Kalshi. On Oct. 9, 2026 Kalshi (counsel Neal Katyal) petitioned for panel rehearing and rehearing en banc in both consolidated appeals, arguing the decision conflicts with Third and Ninth Circuit rulings and that the CFTC's Oct. 9 swap-definition proposal and interim gambling-exclusion rule 'substantially undermine' the panel's swap holding.
What happened most recently in Kalshi v. Tennessee?
Oct 9, 2026: Kalshi petitioned for panel rehearing and rehearing en banc.
What is the next date in Kalshi v. Tennessee?
: Sixth Circuit action on Kalshi's rehearing petition.
Compiled from court dockets, opinions, regulator releases and news coverage, linked above. Not legal advice. Tennessee: every action · All cases · Interactive tracker