Kalshi’s Federal Argument—and a Growing Legal Pattern
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Kalshi responded by suing the state, arguing that Tennessee overstepped its authority. The company says it falls under the exclusive jurisdiction of the Commodity Futures Trading Commission as a federally designated derivatives exchange, leaving no room for state-level gambling regulation.
This legal strategy has worked before. Courts in Nevada and New Jersey have previously sided with Kalshi and blocked similar state actions, though a Maryland judge declined to do so. In Tennessee, enforcement is now frozen until a preliminary injunction hearing on Jan. 26, keeping the platform live while the broader regulatory battle unfolds.
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if nevada and new jersey already lost this fight, not sure why tennessee thought it’d be different