KalshiEX LLC v. Matthew T. Schuler, et al. / KalshiEX LLC v. William Orgel, et al. — 6th Cir. (Jul 30, 2026)
The Sixth Circuit hears two appeals together over Kalshi's sports-event contracts. A federal court in Ohio refused to block state enforcement; a federal court in Tennessee did block it. Kalshi says federal commodities law treats these contracts as swaps and therefore places them within the CFTC's exclusive jurisdiction. The states say sports wagers are not swaps and remain subject to state gambling law. Both rulings are preliminary; this panel has not decided either appeal.
KalshiEX LLC v. Matthew T. Schuler, et al. / KalshiEX LLC v. William Orgel, et al. (No. 26-3196 / 26-5235) — U.S. Court of Appeals for the Sixth Circuit, argued July 30, 2026.
- 0:00Introduction
- 1:30William E. Havemann — Kalshi
- 2:08Designated contract markets and preemption
- 17:13Loper Bright
- 28:12Mathura J. Sridharan — Ohio
- 32:13Clear statements and forms of preemption
- 38:22Aaron L. Bernard — Tennessee