Kalshi Seeks En Banc Review of Ohio and Tennessee Rulings at the Sixth Circuit

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On October 14, 2026, Kalshi filed a request for en banc review with the U.S. Sixth Circuit, challenging rulings in cases involving Ohio and Tennessee. Kalshi argues that the panel misapplied the Commodity Exchange Act, particularly regarding the CFTC and whether sports betting contracts qualify as swaps. Kalshi’s action could influence liquidity and crypto markets by clarifying regulatory boundaries. The court will determine whether the full circuit will rehear the cases.

[Kalshi Requests En Banc Review from the Sixth Circuit Regarding Ohio and Tennessee Rulings] Gold财经 reports that on October 14, according to DeFi Rate, the prediction market platform Kalshi filed an en banc petition on the 13th with the U.S. Court of Appeals for the Sixth Circuit, requesting a rehearing of the three-judge panel’s rulings in the cases “Kalshi v. Schuler of Ohio” and “Kalshi v. Orgel of Tennessee.” The panel ruled in late September to uphold the denial of a preliminary injunction against Ohio’s gambling regulators and enforcement agencies, while vacating a previously issued preliminary injunction against Tennessee’s relevant authorities. In its petition, Kalshi argues that the panel misinterpreted the Commodity Exchange Act (CEA) in two key respects: first, whether federal securities law preempts state gambling laws, and second, whether sports event contracts constitute “swaps.” En banc review is typically granted infrequently, and Kalshi states it is still awaiting an opportunity to file a petition with the Supreme Court.

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