United States v. Commonwealth of Kentucky

Cross-motions briefed6th Cir.CFTC v. State

Docket last checked September 27, 2026. Snapshot — not legal advice.

As of September 27, 2026, the legality of prediction markets in Kentucky is unresolved — litigation is ongoing with no final ruling yet. Kentucky status and cases →

Overview

The United States (through the DOJ) and the CFTC sued Kentucky (filed June 23, 2026) to block state enforcement — its ninth suit against a state and, notably, the first against a Republican-controlled state. The complaint names the Commonwealth, Governor Andrew Beshear, Attorney General Russell Coleman, the Revenue Commissioner, and the Kentucky Horse Racing and Gaming Corporation, and targets the state’s 14.25% excise tax.

It is also where the platforms’ challenge to that tax is being fought. The Coalition for Fair Markets — a trade group whose members are Kalshi, Crypto.com’s exchange and Polymarket US — had sued over the tax in Franklin Circuit Court (No. 26-CI-00667) on June 12, then moved to intervene here in July; Kentucky did not object, and Judge S. Chad Meredith granted the motion on August 10. By September 21 the cross-motions were briefed: the federal government’s and the Coalition’s summary-judgment motions, and Kentucky’s motions to dismiss both. The Sixth Circuit’s September 25 decision against Kalshi binds this court. (Caption, docket, intervention and hearing date confirmed on the E.D. Ky. docket, No. 3:26-cv-00049.)

Changes

Logged September 26, 2026

  • Filing

    Briefing closed on the cross-motions in the federal suit against Kentucky, where the Coalition for Fair Markets — Kalshi, Crypto.com’s exchange and Polymarket US — is challenging the state’s 14.25% prediction-market tax alongside the United States.

    CourtListener — 3:26-cv-00049

Timeline

June 2026

CFTC sues Kentucky to block state enforcement.

September 21, 2026

Oppositions filed on the federal government’s and the Coalition for Fair Markets’ summary-judgment motions and on Kentucky’s motions to dismiss.

What's next: Oral argument on the cross-motions before Judge Meredith on October 9, 2026 in Lexington. October 9, 2026: Oral argument on cross-motions for summary judgment (Lexington)

Parties

Plaintiffs

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

Defendants

  • Commonwealth of Kentucky
  • Andrew Beshear (Governor)
  • Russell Coleman (Attorney General)
  • Thomas B. Miller (Commissioner, KY Dept. of Revenue)
  • Kentucky Horse Racing and Gaming Corporation
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.