New Jersey has already asked the Supreme Court to settle a split with the Third Circuit.
The hit
The Ninth Circuit Court of Appeals has denied Kalshi’s bid for a rehearing, according to InGame. The ruling, first made against Nevada, now stands across all nine states in the circuit, letting any of them enforce gambling law on Kalshi’s prediction markets.
Why it matters
For bettors & operators, this widens the patchwork of US states where Kalshi can be shut out. It also sharpens a legal split: the Third Circuit backed Kalshi, while the Ninth & Sixth Circuits have sided with states.
The record
| Ninth Circuit states covered | Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon & Washington |
|---|---|
| States that have banned the platforms | Nevada & Washington, under state court orders, plus Michigan (Sixth Circuit) |
| Second Circuit ruling | Denied Kalshi an injunction a day earlier, clearing Connecticut & New York to act |
| Circuit split | Third Circuit ruled for Kalshi; Ninth & Sixth ruled for states |
| Supreme Court petition | Filed by New Jersey, the loser in the Third Circuit case |
| En banc success rate | 625 petitions submitted in 2024, 29 approved, 9 succeeded |
What happens next
A status conference in Kalshi’s tribal-lands case is set for Wednesday afternoon in the US District Court for Northern California, where geofencing terms are being worked out.
Sources: Ninth Circuit Denies Kalshi Rehearing Request
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