Ninth Circuit Court of Appeals Denies Kalshi En Banc Hearing Request

• The U.S. Court of Appeals for the Ninth Circuit today denied Kalshi’s request for an en banc hearing
• Kalshi made the en banc hearing request in September
• The Ninth Circuit previously ruled against Kalshi in August, affirming a lower court’s decision to dissolve a temporary injunction
  

The U.S. Court of Appeals for the Ninth Circuit today denied Kalshi’s request for an en banc hearing against Nevada, leaving the prediction market company vulnerable to state enforcement of gambling laws throughout the entire Ninth Circuit.

A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit unanimously denied Kalshi’s en banc hearing request. The prediction market company requested the en banc hearing in September, just weeks after the court of appeals affirmed U.S. District Judge Andrew Gordon’s April 2025 decision to dissolve an approved Kalshi injunction against Nevada and allow the state to uphold its gambling laws against sports event contracts.

The denial now leaves Kalshi vulnerable to all of the states in the Ninth Circuit and their gambling laws.

En Banc Hearing Denial

The three-judge panel unanimously denied Kalshi’s request.

“The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. The petition for panel rehearing and the petition for rehearing en banc are denied,” the panel wrote in the filed decision.

States in the Ninth Circuit can now enforce their gambling laws against Kalshi if they so choose. The Ninth Circuit comprises the following states:

• Alaska
• Arizona
• California
• Hawaii
• Idaho
• Montana
• Nevada
• Oregon
• Washington

Is SCOTUS Next?

Kalshi now has 90 days to appeal to the U.S. Supreme Court to take up the issue.

Robinhood immediately appealed to SCOTUS after the U.S. Court of Appeals upheld the initial opinion. Robinhood submitted a writ of certiorari to SCOTUS in September, requesting the nation’s highest court review the decision.

SCOTUS does not have to accept the writ and hear the case.

It was a similar tact as one taken by New Jersey and its Attorney General Jennifer Davenport, who filed a writ of certiorari with the U.S. Supreme Court to request the court evaluate the question of whether or not states can regulate sports event contracts through their own gambling laws.

This came after the Third Circuit ruled in favor of Kalshi and prohibited New Jersey from enforcing its gambling laws against the company’s sports event contracts.