KalshiEX LLC v. Raoul

Preliminary injunction entered; Illinois has appealed (7th Cir.)7th Cir.Kalshi v. State

Docket last checked November 8, 2026. Snapshot — not legal advice.

As of November 8, 2026, prediction markets are operating in Illinois — a court currently shields platforms from state enforcement, at least preliminarily and pending appeal. Illinois status and cases →

Overview

Kalshi’s own affirmative challenge to Illinois, distinct from the federal government’s suit against the state. It targets SB 3019, which folded prediction markets into the Sports Wagering Act and added an operating tax — signed June 16, 2026, with the prediction-market provisions effective July 1. Kalshi pleads Supremacy Clause preemption: because the Commodity Exchange Act gives the CFTC exclusive jurisdiction over event contracts traded on a designated contract market, Illinois cannot require a state gambling licence.

What makes this different in kind from the other pre-emptive suits is the tax claim: most challenge a licensing or enforcement regime, while Illinois also sought revenue. Kalshi moved for an emergency TRO and preliminary injunction on June 25, 2026; the hearing was stricken on a joint status report, briefing completed in July, and the Executive Committee reassigned the case to Judge Pacold as related to the federal suit.

On October 2, 2026 Judge Pacold decided all three Illinois injunction motions in one opinion, granting each in part and continuing it in part. Both sides had argued over a representative title contract (“will the Chicago Cubs win the 2026 World Series?”), and she held such contracts are likely “swaps” under the Commodity Exchange Act, so Illinois’s sports-wagering licensing rules and the related criminal provision are likely preempted as applied to them. She did not decide the challenge to Illinois’s fees, including the new 1.75% and 3.5% prediction-market transaction fees, and ordered further argument: a fee “without more” might not conflict with federal law, but a sufficiently heavy one could. In an October 8 joint report, all parties, Illinois included, said further briefing on the fee challenge is unnecessary: the 1.75% and 3.5% transaction taxes apply only to licensees, so an injunction against the licensing requirement will also keep them from being imposed on Kalshi. The ruling cuts against the Sixth Circuit’s September 25 decision and the Wisconsin district court’s July denial, and it is not binding outside this court. (Read from the memorandum opinion and order, filed in all three cases.)

On October 30, 2026 Judge Pacold granted Kalshi’s motion and entered the preliminary injunction (ECF 64), identical in all three Illinois cases. It bars Illinois from enforcing its sports-wagering licensing law and related criminal provisions, “including by enforcing licensing requirements, associated fees, taxes,” as related to swaps, including sports event contracts, listed on or available through CFTC-regulated exchanges and brokers. That covers the 1.75% and 3.5% transaction taxes as applied to Kalshi. The Attorney General, Governor and Gaming Board members appealed to the Seventh Circuit the same day. It is a preliminary injunction, not a final judgment.

Changes

October 2026

  • Ruling

    Judge Pacold entered the preliminary injunction in Kalshi’s Illinois case, covering the State’s new prediction-market taxes and fees, and Illinois appealed to the Seventh Circuit the same day.

    Preliminary injunction, N.D. Ill. No. 1:26-cv-07363 (ECF 64)
  • Filing

    All parties reported that no separate briefing on Kalshi’s fee challenge is needed: Illinois’s 1.75% and 3.5% transaction taxes apply only to licensees, so the coming injunction against the licensing requirement also keeps them off Kalshi.

    Joint status report, N.D. Ill. No. 1:26-cv-03659 (ECF 101)
  • Ruling

    Judge Pacold granted the injunction motion in part in a single opinion covering all three Illinois cases: Illinois’s licensing rules are likely preempted as applied to title contracts, and the fee challenge is continued. A proposed injunction is due October 29.

    Memorandum opinion and order, N.D. Ill. (October 2, 2026)

Timeline

June 2026

Illinois enacts SB 3019, taxing and licensing prediction markets under the Sports Wagering Act.

June 2026

Kalshi sues AG Raoul, Governor Pritzker and the Illinois Gaming Board, and moves for an emergency TRO and preliminary injunction.

July 2026

The case is reassigned to Judge Pacold as related to the federal suit against Illinois; the injunction motion is fully briefed.

October 2, 2026

Judge Pacold grants the injunction motions in part in one opinion for all three Illinois cases: title contracts are likely swaps and Illinois’s licensing rules likely preempted; the fee challenge is continued.

October 8, 2026

The parties jointly report that no separate fee briefing is needed, because Illinois’s prediction-market transaction taxes apply only to licensees.

October 30, 2026

Judge Pacold enters the preliminary injunction, covering licensing, fees and taxes; Illinois appeals to the Seventh Circuit the same day.

What's next: Illinois appealed to the Seventh Circuit on October 30, 2026, and the record went up on November 2. The Seventh Circuit number for this appeal is not yet on the free public record; the federal government’s parallel appeal is No. 26-3266. In the district court, the parties must file a joint status report proposing next steps by November 12. November 12, 2026: Joint status report proposing next steps due

Parties

Plaintiffs

  • KalshiEX LLC

Defendants

  • Kwame Raoul (Attorney General of Illinois)
  • JB Pritzker (Governor of Illinois)
  • Dionne R. Hayden (Chairperson, Illinois Gaming Board)
  • Marcus D. Fruchter (Administrator, Illinois Gaming Board)
  • Sean Brannon
  • Stephen R. Ferrara
  • Caleb J. Melamed
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.