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Wisconsin refuses the CFTC the order Minnesota granted it two days earlier

On Monday 27 July a federal judge in Minnesota gave the CFTC, Kalshi and Polymarket a preliminary injunction against a state ban. On Wednesday 29 July a federal judge in Wisconsin refused the CFTC a preliminary injunction against that state's gambling laws. Same statute at the centre, same week, opposite results — and neither order decides the question. Here is what was in front of each court, what this one does not settle, and which widely-repeated claim about it we could not stand up.

What this decides — and what it does not

A refused preliminary injunction is not a ruling that anyone broke the law. It means the party asking for an emergency order — here the CFTC — did not persuade the court to grant one at this stage. The federal case continues. The pre-emption question at its centre, whether the Commodity Exchange Act displaces a state's gambling law, has not been finally answered by this court or any other.

So: nothing was struck down, no platform was ordered to stop anything by this order, and no penalty was imposed. What changed on 2026-07-29 is that Wisconsin is not restrained from enforcing its gambling laws while the federal case proceeds. The separate suits Wisconsin filed against five platforms in April are their own proceedings.

The ruling, by the numbers

29 Jul 2026

CFTC's preliminary injunction denied

Coinpedia reports that on 29 July 2026 U.S. District Judge William Griesbach denied the CFTC's request for a preliminary injunction against Wisconsin. The Commission had asked the court to stop the state enforcing its gambling laws against prediction-market platforms offering sports event contracts.

Source: Coinpedia · as of 2026-07-29

E.D. Wis.

The district — corrected before publication

Two independent sources place the case in the U.S. District Court for the EASTERN District of Wisconsin: crypto.news, in the syndicated excerpt we could read, identifies “Judge William Griesbach of the U.S. District Court for the Eastern District of…”, and PlayUSA reported in May that the Department of Justice and the CFTC filed the suit in that district. We could not confirm this from the docket itself.

Source: PlayUSA · as of 2026-05-01

5 platforms

Whom Wisconsin sued first

The federal case is an answer to a state one. RotoWire's legal timeline records that on 23 April 2026 the Wisconsin Department of Justice filed suits against Kalshi, Robinhood, Coinbase, Polymarket and Crypto.com over what it called “illegal sports betting.”

Source: RotoWire (legal timeline) · as of 2026-04-23

28 Apr 2026

When the CFTC sued Wisconsin

In its own release the CFTC said it sued Wisconsin “in response to the state's lawsuits against Kalshi, Polymarket, Crypto.com, Robinhood, and Coinbase, five CFTC-regulated prediction markets,” filed “less than one week” earlier and “asserting felony violations of state law.” Chairman Michael S. Selig: “States cannot circumvent the clear directive of Congress.”

Source: CFTC (press release 9220-26) · as of 2026-04-28

2 refused

Kalshi and Crypto.com denied intervention

Coinpedia reports the court also rejected motions by Kalshi and Crypto.com to intervene in the CFTC's case. Separately, Gambling Insider reported on 17 July that the American Gaming Association had moved to intervene in the same case, that Wisconsin did not oppose it and that federal regulators did.

Source: Coinpedia · as of 2026-07-29

19 of 23

The interim-relief record before this ruling

Gambling Insider, citing gambling attorney Daniel Wallach, reported on 21 July 2026 that courts had by then issued 23 decisions on preliminary-injunction or temporary-restraining-order requests in prediction-market cases, with states prevailing in 19 of them. That is the number this ruling joins — not a first.

Source: Gambling Insider · as of 2026-07-21

What was actually in front of the court

Wisconsin moved first. RotoWire's legal timeline records the state's Department of Justice filing suits on 23 April 2026against Kalshi, Robinhood, Coinbase, Polymarket and Crypto.com over what it called “illegal sports betting” (RotoWire, 2026-04-23). Five days later the CFTC sued the state. In its own words, the Commission filed “in response to the state's lawsuits against Kalshi, Polymarket, Crypto.com, Robinhood, and Coinbase, five CFTC-regulated prediction markets,” noting the state suits had been brought “less than one week ago” and asserted “felony violations of state law” (CFTC, press release 9220-26, 2026-04-28).

The Commission's theory is the same one it has run against every state: Congress gave it exclusive jurisdiction over event contracts traded on designated contract markets, so a state cannot reach them through gambling law. Chairman Michael S. Selig put it plainly in that release: “States cannot circumvent the clear directive of Congress. Our message to Wisconsin is the same as to New York, Arizona, and others: if you interfere with the operation of federal law in regulating financial markets, we will sue you” (CFTC, 2026-04-28). PlayUSA reported that the Department of Justice joined the Commission in the suit, filed in the U.S. District Court for the Eastern District of Wisconsin, seeking declaratory and injunctive relief (PlayUSA, 2026-05-01).

On 2026-07-29that request for interim relief was refused. Coinpedia reports Judge Griesbach found that registration with the CFTC does not automatically shield the platforms from state gambling laws, that the Commodity Exchange Act does not automatically cancel Wisconsin's gambling rules, that the plain language of those rules could cover sports-related event contracts, and that the CFTC had not shown enough irreparable harm to justify blocking enforcement. Coinpedia also reports the court rejected motions by Kalshi and Crypto.com to intervene in the Commission's case (Coinpedia, 2026-07-29). We could not read the order, so each of those is the reporting's account of the court's reasoning rather than the court's own language, and this page carries no quotation from it.

The divergence, dated

The reason this ruling matters is not its size — it is an interim order in one district — but its direction. Within seventy-two hours two federal judges took the same federal statute and the same pre-emption argument and went opposite ways, and an appellate court has already answered the question a third way. That is the state of the record, laid out by date:

2026-04-06Third Circuit — federal law pre-emptsFor the platforms

RotoWire records the U.S. Court of Appeals for the Third Circuit issuing the first federal appellate ruling holding that the Commodity Exchange Act pre-empts state gambling laws as applied to contracts traded on CFTC-registered exchanges, in the New Jersey case.

Source: RotoWire (legal timeline)

2026-07-09S.D.N.Y. — Kalshi's injunction deniedFor the state

U.S. District Judge Analisa Torres denied Kalshi's motion for a preliminary injunction, ruling that New York's gambling laws are not pre-empted by the Commodity Exchange Act. RotoWire dates the order 9 July; Gambling Insider, reporting on a later motion, also refers to “the order she made on July 9.”

Source: RotoWire (legal timeline)

2026-07-21Washington state court — injunction against KalshiFor the state

A Washington state judge granted a preliminary injunction against Kalshi and expressly rejected the pre-emption argument, writing that “the Commodity Exchange Act (CEA) does not preempt Washington State gambling law” and that “regulation of gambling and regulation of futures markets are different fields of regulation.” This is a state court, not a federal one.

Source: Gambling Insider

2026-07-27Minnesota — the ban enjoinedFor the platforms

U.S. District Judge Katherine Menendez granted the CFTC, Kalshi and Polymarket a preliminary injunction blocking Minnesota's felony ban days before its 1 August effective date. Gambling Insider reports the ruling ran to 44 pages and included the observation that if the platforms' contracts do not fit the federal definition, “Plaintiffs have much weaker claims that the CFTC is the only authority that can regulate them.”

Source: Gambling Insider

2026-07-27S.D.N.Y. — second denial, same dayFor the state

Hours after the Minnesota order, Judge Torres denied Kalshi an injunction pending appeal, in a three-page order finding it sought “the very injunctive relief that (this) court already denied” and that “defendants have laid out significant harms associated with halting their efforts to enforce state gaming regulations.” Gambling Insider reports Kalshi had by then filed its appeal to the U.S. Second Circuit Court of Appeals.

Source: Gambling Insider

2026-07-29Wisconsin — the CFTC's injunction deniedFor the state

Two days after Minnesota, Judge Griesbach refused the CFTC the relief Judge Menendez had granted it. Coinpedia reports the court found that registration with the CFTC does not automatically shield platforms from state gambling laws, that the Commodity Exchange Act does not automatically displace Wisconsin's gambling rules, that the plain language of those rules could cover sports-related event contracts, and that the CFTC had not shown enough irreparable harm.

Source: Coinpedia

The labels above record which way each order ran. They are not a score, and the list is not a prediction: an appellate ruling outranks a district order, an interim order outranks nothing, and several of these are on appeal. For the durable state-by-state reference rather than this single dated ruling, see is Polymarket & Kalshi legal; for the order that ran the other way two days earlier, see the Minnesota injunction.

This page describes publicly reported court filings, orders and statements, each attributed to a named external source with an as-of date. Legal proceedings develop and an order refusing interim relief can be revisited, superseded or appealed; the position may have changed since 2026-07-30. This page is information and entertainment only: it is not legal advice, not betting or financial advice, not a recommendation to wager, not a prediction of any case outcome, and not a determination of whether you may lawfully trade in your jurisdiction. For your own situation, check the current position where you are or seek qualified professional advice. Monitoring is not affiliated with any exchange, platform, or bookmaker.