Overview
Polymarket US’s own suit against New York, the counterpart to the Attorney General’s petition against it, filed the same day, September 24, 2026, alongside its removal of that petition to federal court. The complaint seeks a declaration under the Supremacy Clause that the Commodity Exchange Act preempts the state constitution’s gambling clause, the Penal Law’s gambling offenses and the Racing Law’s sports-wagering provisions as applied to its designated contract market, and an injunction against enforcing them.
It pleads imminent enforcement from the state’s own record: the Attorney General’s earlier petitions against Kalshi, Coinbase and Gemini, and her February 2026 consumer alert calling prediction markets “unregulated gambling.” It lands in the same district as Kalshi v. Williams, where the court held that the Commodity Exchange Act does not preempt New York’s gambling law. No ruling. (Caption, parties and claims read from the complaint, ECF No. 1.)