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Ninth Circuit leaves Nevada free to enforce gambling rules against Kalshi

The Ninth Circuit has denied Kalshi’s requests for rehearing in its Nevada case, leaving in place a ruling that removed the preliminary protection against state enforcement.

Nov 5, 2026 2 min read

The US Court of Appeals for the Ninth Circuit has denied Kalshi’s requests for panel rehearing and rehearing en banc in its dispute with Nevada gaming regulators. The decision, issued on 4 November, leaves intact the court’s 28 August ruling that dissolved a preliminary injunction protecting Kalshi from Nevada enforcement.

No judge requested a vote on whether the full court should reconsider the case, and the original three-judge panel unanimously rejected the rehearing requests. Nevada can therefore continue pursuing enforcement under its gambling laws while the underlying dispute proceeds.

Possible next step

Yogonet reports that Kalshi has until 2 February 2027 to petition the US Supreme Court, subject to any extension. A petition would not guarantee that the justices agree to hear the case, nor would it automatically suspend state enforcement.

The ruling is a procedural setback rather than a final judgment resolving every question about federal oversight of event contracts. It adds to the legal uncertainty facing prediction-market operators as state regulators and federal authorities continue to contest jurisdiction over sports-related contracts.

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