Overview
The industry’s most consequential loss so far, and the direct counterweight to New Jersey. Judge Analisa Torres denied Kalshi a preliminary injunction and held that the Commodity Exchange Act does not preempt New York’s gambling law, reasoning that the CEA preserves state authority over conduct within traditional police powers and that Congress did not clearly displace state gambling regulation. Kalshi appealed to the Second Circuit the same day; an emergency injunction pending appeal was denied. The appeal is pending.
Timeline
Fall 2025
Kalshi sues the New York State Gaming Commission (1:25-cv-08846) seeking to block state enforcement.
April 2026
CFTC separately sues New York over its enforcement posture.
July 2026
Judge Torres denies the preliminary injunction; holds CEA does not preempt New York law. Kalshi appeals to the Second Circuit the same day.
What's next: On appeal at the Second Circuit (No. 26-1835). The court denied a temporary injunction on July 29, 2026 and referred the injunction motion to a three-judge panel, to be heard in tandem with the motion in KalshiEX LLC v. Cafferelli (Connecticut, No. 26-2239). Kalshi’s opening brief and joint appendix were filed August 31, 2026; the appellees’ brief is due October 30, 2026. The CFTC separately sued New York.
Parties
Defendants
- Robert Williams (Executive Director, New York State Gaming Commission)
- New York State Gaming Commission
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.