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CFTC, Justice Department sue Utah over Kalshi action

The federal agencies want a court to stop Utah from applying state gambling enforcement to prediction markets.

The Ballot Utah DeskOctober 28, 2026
CFTC, Justice Department sue Utah over Kalshi action

Key takeaways

  • CFTC and DOJ sued Utah on Monday.
  • The agencies seek to block gambling enforcement against prediction markets.
  • The CFTC alleges “irreparable” injury.
  • Utah sued Kalshi in state court on Oct. 20.
  • The federal and state cases are separate proceedings.

Federal agencies seek to block Utah

The Commodity Futures Trading Commission and the Justice Department sued Utah on Monday, asking a federal court to stop the state from using its gambling enforcement against prediction markets. The CFTC argues that Utah’s action would cause “irreparable” injury.

That wording states the agency’s legal claim. It is not a court ruling that injury has occurred, and filing the federal lawsuit does not by itself resolve the dispute.

The case places Utah’s enforcement effort before a federal judge. The agencies are seeking a court order that would prevent the state from carrying out the challenged enforcement. Utah will have an opportunity to respond to the federal complaint before the court decides the disputed legal claims.

Utah’s Kalshi lawsuit came first

The federal action follows Utah’s Oct. 20 state court lawsuit against Kalshi. The sequence creates two separate court proceedings: Utah’s case targeting Kalshi and the federal case challenging Utah’s enforcement against prediction markets.

The federal complaint shifts part of the dispute from whether Utah can proceed against Kalshi in state court to whether Utah’s broader enforcement approach may continue. The CFTC and Justice Department are asking the federal court to intervene rather than treating Utah’s state lawsuit as the final word.

The next procedural questions are how Utah answers the federal lawsuit and whether the judge grants an order blocking enforcement. Any court order will determine what Utah may do while the federal case moves forward; the agencies’ allegation of irreparable injury remains a claim unless the court accepts it.

What to watch

  • Utah’s response to the federal complaint
  • Whether the court blocks state enforcement
  • How the federal and state cases proceed

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