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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.

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Photograph accompanying 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
Photo: coindesk.com
A lower sports share can mean more sports dollars Sports share of Kalshi revenue (cryptobriefing, citing unnamed research), with derived figures on what that shift means for sports dollars.

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%.

A lower sports share can mean more sports dollars
FigureValueNoteClaim
Sports contracts' share of Kalshi revenue in 2025, about95%roughly two-thirds by mid-202617
Total revenue growth that keeps sports dollars flat, about42.5%faster growth: sports dollars rose15
Fall in sports revenue if total revenue unchanged, about30%as share went from 95% to two-thirds16

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
Why these scores

Claim ledger

Ranked by verification strength, evidence, and original report placement.

  1. [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."

    Reported Supported Source: CoinDesk, reporting Mansour's remarks at DC Fintech Week near Washington2 sources— create a free account to open themView cited source
  2. [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.

    Reported Supported Source: cryptobriefing.com2 sources— create a free account to open themView cited source
  3. [3]

    Federal appellate courts have split, with one major ruling on Kalshi's side and two backing the states' view.

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Sources

2 independent publishers whose own reporting we read for this story.

  1. coindesk.com

    1 article · October 14, 2026

    Kalshi CEO says state-led oversight of U.S. prediction markets would push them out
  2. cryptobriefing.com

    1 article · October 14, 2026

    Kalshi CEO warns state oversight could push prediction markets offshore

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