TLDR The Ninth Circuit unanimously denied Kalshi’s petition for rehearing in its Nevada case. No judge requested a vote for a full-court review. Nevada’s ban on Kalshi’s sports event contracts stays in place. Kalshi has 90 days to ask the U.S. Supreme Court to hear the case. Public comments on the CFTC’s proposed event contract rule are due November 18.
Kalshi now has 90 days to decide whether to take its fight with Nevada gaming regulators to the U.S. Supreme Court. The clock started after a federal appeals court refused to reconsider its earlier ruling against the prediction market company.
On Wednesday, November 4, the U.S. Court of Appeals for the Ninth Circuit denied Kalshi’s petition for a panel rehearing and rehearing en banc. No judge on the court asked for a vote on a full-court review, according to CDC Gaming.
The three-judge panel rejected the rehearing request unanimously. Kalshi can now file a petition for a writ of certiorari, which asks the Supreme Court to take up the case.
BREAKING: 9th Circuit won’t rehear Kalshi’s Nevada sports betting fight, per Law360
Nevada regulators can keep pursuing Kalshi over its sports contracts.
Full board and live odds: https://t.co/HZLLqUT1yc#SportsBetting #BreakingNews pic.twitter.com/aSQvysNCRx
— PocketBookie (@PocketBookieAi) November 4, 2026
What the Ninth Circuit Decided
The dispute centers on sports event contracts offered on Kalshi’s platform. Nevada gaming regulators moved to block these contracts under state gambling laws.
The Ninth Circuit earlier upheld a decision to dissolve a preliminary injunction that had shielded Kalshi from Nevada enforcement. The court ruled unanimously that sports event contracts do not meet the definition of a swap.
Because of that finding, the court said the contracts are not protected from bans under state gambling laws. The ban on Kalshi’s sports event