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Home » CFTC Loses Fight to Protect Kalshi in Wisconsin Prediction Case
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CFTC Loses Fight to Protect Kalshi in Wisconsin Prediction Case

July 29, 2026No Comments4 Mins Read
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CFTC Loses Fight to Protect Kalshi in Wisconsin Prediction Case
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Kalshi’s fight to keep its sports prediction contracts under federal protection just hit a major roadblock. A Wisconsin federal judge has refused to block state gambling laws against Kalshi and four other major prediction platforms, rejecting the CFTC’s push for exclusive federal control.

Wisconsin Court Rejects CFTC’s Emergency Push

On July 29, 2026, U.S. District Judge William Griesbach denied the CFTC’s request for a preliminary injunction against Wisconsin. The regulator wanted the court to stop the state from enforcing its gambling laws against prediction platforms offering sports event contracts.

The CFTC argued that federally regulated prediction markets fall under its exclusive jurisdiction. However, the court rejected that argument at this stage, finding that registration with the CFTC does not automatically shield these platforms from state gambling laws.

The court also rejected motions from Kalshi and Crypto.com to intervene in the CFTC’s case.

CFTC Loses Fight to Protect Kalshi in Wisconsin Prediction Case

Judge Says CFTC Rules May Not Override States

The decision centers on preemption, or whether federal law overrides state law. Judge Griesbach found that the Commodity Exchange Act does not automatically cancel Wisconsin’s gambling rules. 

The court also indicated that the plain language of Wisconsin’s gambling laws could cover sports-related event contracts.

That creates a key problem for Kalshi and other prediction markets. While these platforms describe their contracts as financial products, state regulators argue that contracts tied to sports outcomes are effectively sports bets.

The judge also found that the CFTC had not shown enough “irreparable harm” to justify blocking Wisconsin from enforcing its laws.

Five Prediction Markets Are Already Facing Wisconsin Lawsuits

The ruling follows Wisconsin’s April lawsuits against Kalshi, Polymarket, Crypto.com, Robinhood and Coinbase. The state claims the platforms offered sports contracts without the required gaming licenses, violating Wisconsin gambling laws under Chapter 945.

The CFTC responded by suing Wisconsin, arguing that states cannot interfere with federally regulated derivatives markets.

That broader fight has now created a major regulatory clash between Washington and state authorities.

Where The Wisconsin Sports Case Is Heading Next

The Wisconsin decision adds to an increasingly divided legal landscape. The 3rd Circuit in New Jersey has ruled in favor of Kalshi’s position that federal law can preempt state restrictions. 

For now, the Wisconsin cases are expected to return to state court. Legal expert Daniel Wallach said Wisconsin judges could issue preliminary injunctions preventing prediction platforms from offering sports contracts in the state.

BREAKING: CFTC loses BIG in Wisconsin, as federal court denies its motion for preliminary injunction and holds that sports-event contracts are not “swaps,” and, that even if they satisfied definition, CFTC is unlikely to prevail on its argument that the CEA preempts state law. pic.twitter.com/a9vf8HfKIc

— Daniel Wallach (@WALLACHLEGAL) July 29, 2026

Kalshi and the CFTC are also expected to appeal the decision to the 7th Circuit, setting up another major test of who ultimately controls America’s fast-growing prediction market industry.

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