Judge rules Kalshi contracts are ‘likely swaps’, blocks Illinois ban
A federal judge has blocked Illinois from enforcing its gaming laws against Kalshi & Coinbase.
The hit
A federal court has blocked Illinois from enforcing its gaming laws against prediction market operators Kalshi & Coinbase, according to Sports Betting Dime. The judge ruled the operators’ event contracts are likely swaps under federal commodities law.
Why it matters
The ruling lets Kalshi & Coinbase keep offering sports event contracts in Illinois for now & creates a split with a Wisconsin court. But the judge’s reasoning suggests Illinois can still tax operators, even if it can’t ban them outright.
The record
| Ruling date | Friday, Oct. 2, Judge Martha M. Pacold, U.S. District Court, Northern District of Illinois |
|---|---|
| Illinois transaction tax | 1.75% per exchange wager, rising to 3.5% after 5m wagers in a fiscal year |
| Illinois FY27 budget | $55.9bn, approved July, included the new prediction market tax |
| Conflicting ruling | Eastern District of Wisconsin denied the CFTC’s injunction bid in July (Judge William C. Griesbach) |
| Appeal status | CFTC has appealed the Wisconsin ruling to the Seventh Circuit; Illinois may appeal Pacold’s ruling there too |
What happens next
Watch the appeals court, where the split could be resolved.
Sources: Illinois Hands Kalshi, Coinbase, and CFTC Win in Federal Court
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