A United States federal judge has issued a preliminary injunction preventing Minnesota from enforcing its forthcoming ban on prediction markets against the CFTC-regulated platforms Kalshi and Polymarket US. The order allows the companies to continue operating in the state while the legal challenge proceeds.
US District Judge Katherine Menendez granted the plaintiffs’ motions on Monday. She determined that the platforms were likely to succeed, at least in part, on arguments that the Commodity Exchange Act preempts the Minnesota statute. Several event contracts offered by the platforms appear to meet the definition of swaps, placing transactions involving those contracts on designated contract markets under the exclusive jurisdiction of the Commodity Futures Trading Commission.
The Minnesota law, scheduled to take effect on Saturday, would prohibit the creation, operation and advertising of prediction markets and impose criminal penalties for providing support to them. The preliminary injunction preserves the existing operating environment until the case can be decided on its merits.
The judge noted that the injunction may later be narrowed. The plaintiffs have not demonstrated that every event contract listed by the two platforms satisfies the legal definition of a swap.