Kalshi CEO says the fight is not state versus federal but whether prediction markets stay in the U.S. or go offshore, as appeals courts split 1-2
Kalshi CEO Tarek Mansour says state policing would drive US prediction markets offshore, though two of three appeals courts have sided with states. Sports slid from 95% of Kalshi's revenue to about two-thirds, a share change that cannot show how much volume left.
The Investor · Invest desk

Sports contracts were about 95% of Kalshi's revenue in 2025 and roughly two-thirds by mid-2026. Sports dollars stay flat only if total revenue grew about 42.5%; faster growth means they rose. With total revenue unchanged, sports revenue would have fallen about 30%.
- about 95% Sports contracts' share of Kalshi revenue in 2025, claim 17 roughly two-thirds by mid-2026
- about 42.5% Total revenue growth that keeps sports dollars flat, claim 15 faster growth: sports dollars rose
- about 30% Fall in sports revenue if total revenue unchanged, claim 16 as share went from 95% to two-thirds
| Figure | Value | Note | Claim |
|---|---|---|---|
| Sports contracts' share of Kalshi revenue in 2025, about | 95% | roughly two-thirds by mid-2026 | 17 |
| Total revenue growth that keeps sports dollars flat, about | 42.5% | faster growth: sports dollars rose | 15 |
| Fall in sports revenue if total revenue unchanged, about | 30% | as share went from 95% to two-thirds | 16 |
What happened
- The Third Circuit backed Kalshi's preemption argument in a New Jersey case, while the Ninth and Sixth Circuits upheld states' authority to enforce their own gambling rules.
- By late August 2026 at least four states had court orders restricting Kalshi, and the company is litigating in about 20 states, according to cryptobriefing.
- Cryptobriefing reports that Nevada, Ohio and Tennessee have been cleared to bring enforcement actions against Kalshi's contracts.
- Last week the CFTC issued a rule and proposed another meant to place event contracts inside the swaps definition that the agency, not state gambling regulators, polices.
Why it matters
- contradiction Cryptobriefing's heading says Kalshi's sports business is shrinking, yet the only figure behind it is a share of revenue, which can fall while sports dollars rise.
- exposure Coinbase is backing Kalshi in some challenges, and cryptobriefing says that suggests the exchange sees its own event-trading plans riding on the outcome.
- precedent If the CFTC's swaps definition survives challenge, Kalshi gets a second route to preemption beyond winning circuit by circuit, and the states get a federal rule to attack.
The offshore claim is a forecast about what bettors will do, and the two people making it in these reports both speak for Kalshi. "It's not a choice of state versus federal market. It's a choice of whether prediction markets exist in the U.S. or whether they go offshore," CEO Tarek Mansour said at DC Fintech Week [1]. Legal counsel Robert DeNault told a Texas Senate hearing in September that banning federally regulated prediction markets would backfire, according to cryptobriefing [2]. Of the legal fight, Mansour said, "We feel pretty good about where we stand overall" [5].
The one revenue figure in the record is a share. Sports contracts were about 95% of Kalshi's revenue in 2025 and roughly two-thirds by mid-2026, and cryptobriefing, citing unnamed research, attributes the drop to the legal environment [17]. A share moves with its denominator, though. If total revenue stood still, sports dollars fell about 30% (one minus 0.667 divided by 0.95) [16]; if total revenue grew 42.5% (0.95 divided by 0.667), sports dollars held flat [15]; and any faster growth means they rose while the share fell. Neither report includes total revenue or any figure for volume at offshore venues, so the share cannot be turned into dollars and the migration claim cannot be checked.
A drop would not settle it either. The court orders restrict what Kalshi can do [6], so its sports revenue would fall under them whether or not a single bettor moved offshore.
In our view the preemption fight is the largest swing factor in Kalshi's revenue, because the product states are challenging supplied nearly all of it in 2025 [17]. The offshore argument has less behind it than the preemption claim, which at least has one circuit ruling on its side. States, according to cryptobriefing, see a contract that pays out on who wins a football game as a sports bet whatever the paperwork says [7]. Kalshi's answer is an offer: Mansour has said the company will accept additional regulation [8], and he told PBS on September 24 that it has declined to list contracts on war, assassinations, death, insider trading and members of Congress [9].
From here it can go three ways. The Supreme Court takes New Jersey's petition, on which groups including the NFL have sent views [10], and rules for preemption; the offshore warning is then never tested. It rules for the states, and offshore volume becomes the figure to get. Or it declines, and Kalshi keeps one circuit win against two losses [3].
Our view of the damage is wrong if total revenue grew more than 42.5% between the two periods, since sports dollars would then have risen. Our view of the offshore claim is wrong if volume at offshore venues stays flat after state orders take effect.
What to watch
- Any court or state challenge to the CFTC's swaps-definition rule or the second rule it has proposed.
- Whether Kalshi discloses total revenue, which would show whether sports dollars fell along with the share.
- Whether Nevada, Ohio or Tennessee file enforcement actions, and what that does to Kalshi's sports listings in those states.
Clarity's read
What the record supports and how the coverage leans. The claims behind it follow.
Reality
- Evidence58
- Adoption
- Insufficient
- Hype gap+20
- Incentives80
- Confidence65
Claim ledger
Ranked by verification strength, evidence, and original report placement.
- [1]
Kalshi CEO Tarek Mansour said at DC Fintech Week: "It's not a choice of state versus federal market. It's a choice of whether prediction markets exist in the U.S. or whether they go offshore."
- [2]
Kalshi legal counsel Robert DeNault told legislators at a Texas Senate hearing in September 2026 that banning federally regulated prediction markets would backfire, with bettors migrating to unregulated offshore operations.
- [3]
Federal appellate courts have split, with one major ruling on Kalshi's side and two backing the states' view.
- [4]
In 2026 the Third Circuit backed Kalshi's preemption argument in a New Jersey case, while the Ninth and Sixth Circuits upheld states' authority to enforce their gambling rules.
- [5]
Mansour said of the legal fight: "We feel pretty good about where we stand overall."
- [6]
By late August 2026, at least four states (Nevada, Massachusetts, Michigan and Washington) had secured court orders restricting what Kalshi can do, and the company is litigating in approximately 20 states.
- [7]
States see a contract that pays out based on who wins a football game as looking a lot like a sports bet, whatever the paperwork says.
- [8]
Mansour has said Kalshi is willing to accept additional regulation.
- [9]
In a September 24, 2026 PBS interview, Mansour pointed to markets Kalshi has voluntarily refused to list, including contracts tied to war, assassinations, death, insider trading and members of Congress.
- [10]
New Jersey asked the U.S. Supreme Court to take the case, and prominent groups, including the National Football League, have shared their views with the high court.
- [11]
Nevada, Ohio and Tennessee have been cleared to bring enforcement actions against Kalshi's contracts.
- [12]
Last week the CFTC issued a rule and proposed another meant to place event contracts into the definition of swaps that are explicitly policed by the agency and not by state gambling regulators.
- [13]
Coinbase is backing Kalshi in some of its legal challenges.
- [14]
Cryptobriefing says Coinbase joining Kalshi's challenges suggests the exchange sees the outcome as relevant to its own ambitions in event-based trading.
- [15]
Sports revenue dollars are flat only if Kalshi's total revenue grew about 42.5% between the two periods; faster growth means sports dollars rose even as the share fell.
- [16]
If Kalshi's total revenue were unchanged, sports revenue would have fallen about 30% as the sports share went from 95% to two-thirds.
- [17]
Sports contracts were about 95% of Kalshi's revenue in 2025 and roughly two-thirds by mid-2026; the research behind the story attributes the decline to the shifting legal environment.
- [18]
A section heading in the cryptobriefing article says: "Sports are the business, and the business is shrinking."
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Sources
2 independent publishers whose own reporting we read for this story.
- coindesk.comKalshi CEO says state-led oversight of U.S. prediction markets would push them out
1 article · October 14, 2026
- cryptobriefing.comKalshi CEO warns state oversight could push prediction markets offshore
1 article · October 14, 2026
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