Kalshi cited the Arizona decision in the Wisconsin Ho-Chunk Nation case

A court battle unfolding in Wisconsin over market prediction trading is now leading to a new federal ruling from Arizona as Kalshi pushes his argument that federal regulators, not state or tribal governments, control the space.

In a filing on Monday (April 13), Kalshi and an affiliate pointed to a recent ruling in Arizona in the US District Court for the Western District of Wisconsin that they say strengthens their case. At the center of the dispute is whether the federal law blocks local efforts to regulate trading on platforms known as designated contract markets.

The Arizona case involved the Commodity Futures Trading Commission, which secured a temporary restraining order that halted state-level enforcement action against these federally regulated platforms. It follows a push for federal regulators to impose authority over prediction markets as similar disputes continue to crop up across the country.

The Arizona decision adds weight to the federal preemption argument of Kalshi v. Wisconsin’s Ho-Chunk Nation

Kalshi told the Wisconsin court that the Arizona ruling goes straight to the core legal question: whether the Commodity Exchange Act gives the CFTC exclusive control over trading in those markets.

Quoting directly from the filing, the defendants said the Arizona court issued an order « prohibiting any state enforcement efforts against CFTC-regulated designated contract markets (« DCMs ») on the grounds that state gambling laws prevail when applied to DCM transactions. »

They added that the development « turns squarely on whether the Commodity Exchange Act’s grant of exclusive jurisdiction to the CFTC leaves room for state or tribal regulation of DCM trading. »

Kalshi is now urging the Wisconsin judge to apply similar arguments. The Ho-Chunk Nation challenged the company’s contracts, arguing that they resembled sports betting and fell under the tribe’s authority as well as the Indian Gaming Regulatory Act. The tribe has also moved to block Kalshi from offering contracts while the case is pending.

Kalshi pushed back, asking the court to dismiss what he called an overly broad case. The company argued that geography should not dictate legality, maintaining that federally regulated markets operate nationwide and fall entirely under the CFTC’s jurisdiction.

Regulators and industry participants remain divided over whether these event-based contracts fall under commodity law or should be treated as gambling.

Featured Image: Kalshi / Ho-Chunk Nation

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