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Prediction-market jurisdiction

Federal judge blocks Minnesota prediction-market ban while litigation continues

A federal court granted a preliminary injunction preventing Minnesota from enforcing its new prediction-market statute against Kalshi and Polymarket while the court considers federal preemption.

Prediction-market interface representing the Minnesota court dispute
Image: The Block

What the court ordered

U.S. District Judge Katherine Menendez granted a preliminary injunction that stops Minnesota officials from enforcing the state’s new prediction-market statute while the federal lawsuit proceeds. The law was scheduled to take effect on August 1 and would prohibit creating, operating and advertising prediction markets in the state. The injunction preserves the status quo for Kalshi and Polymarket rather than requiring them to withdraw immediately from Minnesota before the court resolves the underlying jurisdictional dispute.

The court concluded that the Minnesota statute is likely at least partly preempted by the federal Commodity Exchange Act because the Commodity Futures Trading Commission has exclusive jurisdiction over swaps traded on designated contract markets. The United States, the CFTC, Kalshi and Polymarket challenged the state law. At this stage the judge considered likelihood of success, harm and the balance of interests; the order did not complete a trial or issue a final declaration on every product offered by either platform.

Why preliminary relief is limited

A preliminary injunction is temporary protection issued before final judgment. It signals that the challengers have shown enough likelihood of success and irreparable harm to justify pausing enforcement, but it can be modified, dissolved or reversed. Minnesota can continue defending the statute and may seek appellate review. The court must still decide the legal merits, including how federal derivatives law interacts with state gambling powers and whether every challenged provision or product receives the same preemption treatment.

The order also applies to the parties and conduct before the Minnesota court. It is not a national licence for event contracts, sports markets or election markets. A platform’s federal registration may support a preemption argument, yet individual contracts remain subject to CFTC rules, exchange rulebooks, product reviews and other restrictions. Users should distinguish between permission for a registered venue to operate and approval of a particular contract’s design, marketing, eligibility and settlement process.

Different states, different interim results

The Minnesota result sits within a wider national conflict. Courts and regulators in New York, Michigan and Washington have taken different interim positions on sports-related event contracts. A New York federal judge declined to grant Kalshi comparable emergency protection, while state proceedings elsewhere have temporarily restricted sports markets. These differences show that federal registration has not yet produced a uniform practical result across the country, even when platforms rely on the same exclusive-jurisdiction theory.

That fragmented record creates operational risk. A platform may need to geofence a state, remove a category of contracts, change advertising or alter customer eligibility with limited notice. Existing positions can raise separate questions from new trading access, particularly when a state order changes while a contract is open. Users should read current platform notices instead of relying on an old screenshot or another state’s court decision, and they should understand how a position will be settled if access rules change.

Entity and product checks still matter

Prediction-market brands can involve more than one legal entity. A federally registered designated contract market may list a contract, a clearing organization may handle settlement and a broker or customer-facing affiliate may provide access. Polymarket’s global and U.S. services can also have different eligibility and regulatory arrangements. A user should identify the exact entity in the agreement and the exact venue named in the contract instead of treating a brand logo as a complete regulatory description.

Product terms matter just as much as registration. Event wording, data sources, cancellation rules, dispute windows and market-resolution authority determine whether a winning position pays. A court’s jurisdictional order does not validate a contract’s oracle or guarantee that the event will resolve in the way a user expects. Before trading, customers should save the contract wording and source hierarchy, confirm the final settlement time and understand whether extraordinary events permit the exchange to void or amend the market.

What the order changes for users

For an eligible Minnesota customer, the immediate effect is continuity: the state cannot use the challenged statute to force the platforms to stop the covered activity while the injunction remains in place. That reduces short-term access uncertainty. It does not remove normal trading risk, platform risk or the chance of a later legal change. It also does not require a platform to offer every market, accept every customer or maintain access if its own compliance assessment becomes more restrictive.

For customers outside Minnesota, the order provides legal context but no direct permission. They must follow the rules and product availability applicable to their own location. Attempting to bypass a geofence can violate platform terms, complicate withdrawals or create disputes over contract eligibility. The safer approach is to use the correct regional service, complete identity checks accurately and avoid opening a position whose legality or settlement path depends on concealing the customer’s location.

The next evidence to watch

The next material records are any appeal, the defendants’ filings, discovery and the final merits decision. CFTC rulemaking on event contracts may also change the background against which courts assess platform conduct. Separate state cases will continue to matter because a conflict among courts can persist until appellate courts or Congress provide a broader answer. Cexvia will record each outcome by jurisdiction rather than combine them into a single national status.

The current conclusion is specific: Kalshi and Polymarket can continue the covered operations in Minnesota while the preliminary injunction remains effective, but the ruling does not settle national legality or approve every contract. Users should treat availability as a live compliance attribute, not a permanent feature. Confirm state eligibility immediately before funding and trading, keep contract evidence and avoid assuming that federal registration eliminates every state-level dispute.

Cexvia conclusion

Kalshi and Polymarket may continue in Minnesota for now, but the order does not create nationwide permission

The order preserves access in Minnesota during the case because the state law is likely at least partly preempted by the Commodity Exchange Act. It is not a final judgment and does not resolve restrictions in New York, Michigan, Washington or other states.

Risk meaning
The ruling reduces immediate access risk for Minnesota users but confirms that prediction-market legality remains state-specific and unsettled. A contract available in one state can still be blocked in another, and a preliminary injunction can be changed on appeal or after a final merits decision.
User action
Check the platform’s current state-eligibility list before funding or entering a contract, identify the CFTC-registered entity and customer intermediary, and preserve contract terms and settlement rules. Do not use a Minnesota ruling as proof that access is lawful in another state.
U.S. Commodity Futures Trading Commission