Kalshi Plays Whac-A-Mole With Arizona's Legal Bullshit, Federal Judge Grants CFTC's Emergency Motion
In what might be the most dramatic "hold my beer" moment since Gary Gensler discovered he still had a job, a federal judge has temporarily blocked Arizona from pursuing criminal charges against prediction market provider Kalshi. The Grand Canyon State apparently thought it could police the future of finance like it was still 1999, but the legal gods had other plans.
District Judge Michael Liburdi, ruling in the District of Arizona on Friday, put the kibosh on Arizona's grand ambitions to drag Kalshi into court for an arraignment scheduled for Monday, April 13. Arizona had announced plans to file 20 criminal charges against Kalshi for allegedly offering betting products that violated state law—because apparently predicting election outcomes is now scarier than anything else happening in that state.
The ruling came in response to a motion from the Commodity Futures Trading Commission, because when you can't beat 'em, you get the federal government to issue a restraining order against a U.S. state. "Defendants are temporarily restrained and enjoined from enforcing AZ's gambling laws in any criminal or civil enforcement actions to any contracts listed on CFTC-regulated designated contract markets," Judge Liburdi stated in the temporary restraining order, according to Paradigm senior regulatory counsel Stefan Schropp. Legal eagle stuff, but the TL;DR is basically "Arizona, sit down."
CFTC Chair Michael Selig issued a statement Friday expressing appreciation for the court's decision, and honestly, the quote writes itself: "Arizona's decision to weaponize state criminal law against companies that comply with federal law sets a dangerous precedent, and the court's order today sends a clear message that intimidation is not an acceptable tactic to circumvent federal law." Selig continued, probably while drafting more lawsuits against states who think they can regulate their way out of innovation. The CFTC has sued Arizona and two other states, arguing that prediction markets, also known as event contracts, are swaps subject to federal supervision and that federal authority preempts state law. State gambling laws are having a rough decade, apparently.
Court outcomes have been, diplomatically speaking, a complete mess. A Nevada state court ruled that the Gaming Control Board could temporarily block Kalshi while a broader case proceeds—so that's one W for the fun police. However, the Third Circuit
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