The facts

  1. AP reported that Utah filed 14 criminal counts against Kalshi and two co-founders over sports contracts on its platform. Kalshi disputes Utah's authority; the charges are allegations, not convictions. [1][2]

  2. The CFTC filed a federal lawsuit against Utah on 27 October, arguing federal law preempts state gambling laws for event contracts traded on CFTC-regulated designated contract markets. That is the agency's legal position, not a court determination. [3]

  3. On 29 October, the Justice Department and CFTC asked a federal judge for a temporary restraining order and preliminary injunction barring Utah from pursuing its criminal and civil cases, according to Legal Sports Report and the docket. [4][5][6]

  4. A signed scheduling order says the court received the emergency motion and sets a status and scheduling conference for 6 November. It does not grant an injunction. [5]

  5. A related filing is titled a proposed restraining order and is marked PROPOSED; it is not a judicial ruling. [6]

Still unconfirmed

  • Whether the court will grant emergency relief, the merits of the federal/state jurisdiction dispute, and the outcome of the Utah prosecution remain unresolved.

Sources

References support the numbered facts above. Source checks: 1 Nov 2026, 09:41 UTC.

  1. Utah charges Kalshi and its founders, escalating a fight over who can regulate prediction markets

    Associated Press · Reporting · 28 Oct 2026

    AP reports the Utah charges and the company's response; the charges are not convictions.

  2. Utah criminally charges Kalshi with promoting illegal gambling

    Reuters via MarketScreener · Reporting · 28 Oct 2026

    Independent Reuters report on the Utah charges and the federal-state legal dispute.

  3. CFTC sues Utah to protect CFTC-regulated prediction markets

    Commodity Futures Trading Commission · Primary source · 27 Oct 2026

    The regulator's release establishes its federal lawsuit and stated preemption position; it does not establish that the legal theory has been accepted by a court.

  4. CFTC asks federal judge to halt Utah's criminal case against Kalshi

    Legal Sports Report · Reporting · 29 Oct 2026

    Independent reporting on the emergency motion and requested relief.

  5. Order setting status and scheduling conference, United States v Utah, No. 2:26-cv-01055-RJS

    U.S. District Court for Utah via CourtListener RECAP · Primary source · 30 Oct 2026

    The signed order acknowledges receipt of the emergency motion and sets a 6 November conference; it does not grant the requested injunction.

  6. Proposed temporary restraining order and preliminary injunction

    U.S. District Court filing via CourtListener RECAP · Primary source · 29 Oct 2026

    This attachment is explicitly marked PROPOSED. It is the plaintiffs' requested order, not an order entered by the judge.

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