The US Court of Appeals for the Ninth Circuit has rejected Kalshi's requests for panel rehearing and rehearing by the full court in its Nevada dispute. The decision leaves an August ruling against the prediction-market operator in place.
CDC Gaming reported that the three-judge panel voted unanimously to deny rehearing and that no active judge requested an en banc vote. The brief order was issued on November 4.
The August opinion upheld dissolution of a preliminary injunction that had protected Kalshi from Nevada enforcement for sports event contracts. It concluded at the preliminary stage that Kalshi had not shown those contracts were likely swaps shielded from state gambling rules by federal law.
The ruling did not dispose of every issue. The panel sent questions involving election contracts back to the district court, while the sports-contract analysis remains binding in the case after the rehearing denial.
NEXTpredict reported that Kalshi can now seek Supreme Court review. Any such petition would ask the justices to examine a growing split among federal appellate courts over the boundary between commodities regulation and state gaming law.
