United States v. State of Arizona

Preliminary injunction granted (May 2026); vacatur motion pending on appeal9th Cir.CFTC v. State

Docket last checked September 26, 2026. Snapshot — not legal advice.

As of September 27, 2026, prediction markets are operating in Arizona — a court currently shields platforms from state enforcement, at least preliminarily and pending appeal. Arizona status and cases →

Overview

Arizona was one of the trio (with Connecticut and Illinois) the United States (DOJ) and CFTC sued on April 2, 2026, asserting that state enforcement against prediction-market platforms is preempted. The complaint names the State, Governor Katie Hobbs, Attorney General Kristin Mayes, and the Arizona Department of Gaming. It is the one federal suit in the April trio that has produced relief: Judge Liburdi granted a temporary restraining order in April and a preliminary injunction on May 5, 2026 blocking Arizona’s civil and criminal enforcement, including the criminal case against Kalshi (KalshiEX LLC v. Johnson), where Kalshi’s own motion had failed. Arizona appealed (9th Cir. No. 26-4281) and, after Assad, is seeking summary vacatur as to sports contracts. (Caption + docket confirmed against the CFTC complaint PDF and CourtListener: D. Ariz. No. 2:26-cv-02246.)

Changes

Logged September 26, 2026

  • Filing

    The CFTC asked the Ninth Circuit to hold Arizona’s motion to vacate the federal government’s injunction until Assad is final — but conceded that once it is, vacatur as to sports contracts would be proper. Arizona filed the motion September 14.

    CFTC response, 9th Cir. No. 26-4281

Logged September 22, 2026

  • Filing

    Arizona told the Ninth Circuit it will seek summary vacatur of the federal government’s May 5 injunction as to sports contracts, citing Assad. We had carried this case as “Pending” without the injunction the United States won in it; corrected.

    Arizona status report, No. 26-4281 (9th Cir.)

Timeline

April 2026

CFTC and DOJ sue Arizona (with Connecticut and Illinois).

April 2026

Judge Liburdi grants the federal plaintiffs a temporary restraining order.

May 5, 2026

The court grants a preliminary injunction barring Arizona’s civil and criminal enforcement.

July 2026

Arizona appeals to the Ninth Circuit (No. 26-4281).

September 4, 2026

Arizona tells the Ninth Circuit it will seek summary vacatur as to sports contracts in light of Assad.

September 14, 2026

Arizona moves for summary vacatur of the injunction as to sports contracts.

September 24, 2026

The CFTC opposes as premature, but agrees vacatur as to sports contracts is proper once Assad is final.

What's next: Arizona moved on September 14, 2026 for summary vacatur of the injunction as to sports contracts and a remand on election contracts. On September 24 the CFTC opposed as premature and asked the court to wait for the Assad mandate — while agreeing that vacatur as to sports contracts would be proper once Assad is final. Crypto.com’s exchange consents to vacatur but will ask to stay the mandate pending its cert petition.

Parties

Plaintiffs

  • United States of America (Department of Justice)
  • U.S. Commodity Futures Trading Commission

Defendants

  • State of Arizona
  • Katie Hobbs (Governor)
  • Kristin K. Mayes (Attorney General)
  • Arizona Department of Gaming
  • Jackie Johnson (Director) and Douglas Jensen (Chief Law Enforcement Officer)
This page is informational, not legal advice. Nearly every entry in this tracker is a preliminary ruling under appeal. Always verify a platform's current, location-specific eligibility directly with the venue before relying on this page.