# 9th Circuit sides with states in Kalshi gambling fight, potentially reviving Arizona's prosecution

> **Open Intelligence Dossier** · First detected: 2026-08-29 03:07 UTC · Category: Business

## Executive Summary
The 9th Circuit Court of Appeals has sided with state governments in a legal battle against Kalshi over the regulation of prediction markets.

## Intelligence Brief
The 9th Circuit Court of Appeals has issued a ruling in favor of state governments in a legal conflict involving Kalshi and the operation of prediction markets. According to reports from The Nevada Independent and Engadget, the federal appeals court has allowed Nevada to ban Kalshi and other prediction markets. This legal decision effectively grants states the authority to regulate these markets, a move that CBS News notes is a win for U.S. states in the ongoing fight over who holds the regulatory power over prediction-based betting. Coverage from multiple outlets emphasizes the significant impact of this judicial decision on the betting industry. Newser characterizes the ruling as a big win for states over prediction markets, while CBS News highlights the core issue as a struggle over regulatory jurisdiction.


CNN provides an inside look at the conflict, describing the casino industry's efforts to stop prediction markets as an all-out war. The focus across these reports remains on the tension between the centralized operations of prediction platforms and the sovereign regulatory desires of individual state governments. Market reactions to the ruling were immediate and positive for established gambling entities. Yahoo Finance reports that DraftKings (DKNG) soared nearly 10% and Flutter Entertainment (FLUT) jumped 8%. These rallies occurred specifically following the ruling that sports bets are not swaps, a legal distinction that appears to benefit traditional sports betting operators.


This context suggests that the legal classification of these financial instruments is central to how they are taxed and regulated across different state jurisdictions. Looking forward, the situation remains focused on the enforcement of these bans and the potential for further legal challenges. The industry will likely monitor how Nevada and other states implement the bans allowed by the 9th Circuit. Additionally, the market volatility seen in the stocks of DraftKings and Flutter Entertainment indicates that the financial sector will be watching for further judicial clarifications regarding the definition of sports bets versus swaps.

## Multi-Source Evidence Table
| Source Outlet | Headline | Verification URL |
|---|---|---|
| CNN | ‘This is an all-out war’: Inside the casino industry’s fight to stop prediction markets | [Source Link](https://news.google.com/rss/articles/CBMiggFBVV95cUxNM2VuSmhOV0oxSzdVa2xTc0p3c2I0bDBJM19sSG1mLUM4TzRnQUxRQ2JtVDlZdDlmS0c4b0VrandrVFZ4NnFOZjI5WEpsakhvVVI2UmhVVEkzd3ZqOTF3YXhXaVZtMkF2dnFhX0cyXzBtQ3JXZE1OdjJGX3pQLWhsS2FB?oc=5) |
| Engadget | US Appeals Court Sides With Nevada In Legal Fight With Kalshi | [Source Link](https://news.google.com/rss/articles/CBMimwFBVV95cUxNVEs0OUxhX0N4Qk5aRllpOWNsMjJaMGo4dmZRWHFYQnFHbjF5Xzk1bzFkWjBBZ2JsNHR3QnVNd25Pa0dYaWIzcDFCajZEVF92ekhPbkl3QS1kempyNl9BNTNoOFFyWkhYcVJfdUtQSzlWYVhJY1ZXaEk1ZE5yTVgtT1NKSGdlUUs5OWw2SmJNYXNsOUtHWlJkY0FZNA?oc=5) |
| Newser | It's a Big Win for States Over Prediction Markets | [Source Link](https://news.google.com/rss/articles/CBMimgFBVV95cUxObUtZc3JrR3BLTHZ2NEVUakRlU1k3bG5JTmZWaUItNTJOajlLc0VMMHBsTnl2OXBtY3pWMU56VFBhZHB1OUVlemZVbXlnS0IxU1hha214Z3dpcFJ4QW1EYWJmeU1JRXNuRXlFZWhOUG9rNUZURXRuWGJ1UUFYcnFCSEZxTXZIT05OR2c1SGpLZnhYaG96OGhJUy13?oc=5) |
| Yahoo Finance | DKNG Soars Nearly 10%, FLUT Jumps 8% — DraftKings, Flutter Entertainment Rally On Ruling That Sports Bets Aren’t Swaps | [Source Link](https://news.google.com/rss/articles/CBMilAFBVV95cUxNdmRuYU41VThlUjdZbDlnVDNXY0JBZnROZklDZVhZUmtWOHJ1VjBzSFZIbU5yek55aEpSR2oyM1VwOGZqVjVDNjcxYzFwR2pLZGpXZmNCcVhKcVh0N3JPakZxWDg2NHFEN2dFcENoT2dROWI1Wng4enB4MnVNWE55TktxdnZqbGpETGU3RUI1bHR5SGFf?oc=5) |
| The Nevada Independent | Federal appeals court allows Nevada to ban Kalshi and other prediction markets | [Source Link](https://news.google.com/rss/articles/CBMiuwFBVV95cUxPZjNoY3RkdGR3UVktMXFGcDNJdmpEMXdpZzVTTmNiQTdmemx3VHh3T0p2cE1yWFh3UHdNYzVGMDBsT1c0a1NWVGtSTHd0SFl6TnRuVTVjekduNUFzLU9xMG5PR1JPVVA0NWRNVHllZUlXaWpNLW9RUTZWNUNzWk9HVmI1Ym4ySGFnbWt0UER3eE95YzhFeG9BX3lPZEFmel9QeVpuNnZ0OUJKRk9OUnVCWG9pczQwUk80aEVZ?oc=5) |
| CBS News | Court hands U.S. states a win in fight over who regulates prediction markets | [Source Link](https://news.google.com/rss/articles/CBMifkFVX3lxTE9aQzktVUlOM3hRS3dJd0xXZDZ6UGlCODl2ZkZYRHMwSXZUdFpMVE5wU1lTNFdpVWpnVE1HODRvWXB0dVl5V3hlME1JY25iNWFIdnFjVmxuVF9RbkV6bWlqT01TUjNWZ3JoMjFIaTJzRDFiUWlQNDRPYkRVVVU2dw?oc=5) |

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*Canonical Source: https://pulse.byoviral.com/trend/2026-08-29/9th-circuit-sides-with-states-in-kalshi-gambling-fight-potentially-reviving*