Nevada Judge Andrew Gordon Vows Quick Ruling on NRA Intervention in Kalshi Case

A Judge in a Hurry

Judge Andrew Gordon dropped a clear message, vowing to move fast to decide if the Nevada Resort Association (NRA) can jump into KalshiEx LLC’s legal fight against the Nevada Gaming Control Board (NGCB).

The U.S. District Court judge took petitions from the NRA and NGCB under advisement, setting a tight schedule for legal briefs. Kalshi’s opposition due May 22 and the NRA’s reply by May 28.

Gordon’s push for speed comes as Kalshi, a prediction market (allegedly) regulated by the Commodity Futures Trading Commission (CFTC), battles Nevada’s claim that its sports and election contracts mimic illegal sports betting.

The Case at a Glance

Kalshi filed its lawsuit on March 28, after the NGCB issued a cease-and-desist order on March 4, demanding it halt sports and election contracts by March 14.

The NGCB argued Kalshi’s offerings violate Nevada Revised Statutes and Regulation 22, requiring a sports pool license, and flout the state’s ban on election betting.

Kalshi fired back, claiming its CFTC-regulated status under the Commodity Exchange Act preempts state laws. “Nevada’s attempt to regulate Kalshi intrudes upon the federal regulatory framework,” the company stated in its filing.

Gordon’s Key Moves

Gordon has already flexed his judicial muscle in the case. On April 8, he granted Kalshi a temporary restraining order, blocking the NGCB from shutting down its Nevada market.

By April 9, he issued a preliminary injunction, stating, “Kalshi has met its burden of showing these factors, so I grant its motion and enjoin the defendants from pursuing civil or criminal prosecutions.” Gordon leaned on the Commodity Exchange Act, writing,

“The CFTC has exclusive jurisdiction to regulate commodities and futures on designated exchanges.” He added, “I have no evidence that the CFTC has taken action to prevent Kalshi from offering sports-based event contracts,” letting Kalshi keep its markets live.

Why the NRA Wants In

The NRA’s push to intervene, filed May 14, stems from big worries. The group argues Kalshi’s contracts, like betting $100 on the Vegas Golden Knights to win a playoff game for a $180 payout, mirror licensed sportsbooks but skip Nevada’s taxes and oversight.

“The consequences from this litigation for the NRA’s members are seismic,” the NRA stated, noting Kalshi lacks programs to curb underage betting or gambling addiction.

The association flagged Kalshi’s social media ads calling itself a “nationwide legal sports betting platform,” claiming it misleads users.

Kalshi’s Defense

Kalshi’s argument hinges on federal preemption. As a CFTC-designated contract market, it insists state laws can’t override its operations.

“Section 2’s plain and unambiguous language grants the CFTC exclusive jurisdiction over accounts, agreements, and transactions involving swaps or contracts,” Gordon noted, backing Kalshi’s stance.

The company, which also won a similar injunction in New Jersey on April 28, 2025, frames its contracts as financial instruments, not gambling. CEO Tarek Mansour told TechCrunch, “State law doesn’t really apply”.

Kalshi’s ties to the Trump administration, including Donald Trump Jr. as a strategic adviser, have fueled speculation about federal support, though Gordon’s rulings stick to legal grounds.

The Bigger Picture

Nevada’s fight with Kalshi echoes broader tensions. Six states, Nevada, New Jersey, Illinois, Maryland, Ohio, and Montana, have issued cease-and-desist orders against Kalshi’s sports markets, fearing they blur lines between derivatives and gambling.

Nevada’s strict rules, banning election bets and requiring sports pool licenses, clash with Kalshi’s CFTC-backed model. The case could hit the Ninth Circuit or the Supreme Court if conflicts over state versus federal authority grow.

Gordon’s promise to rule quickly on the NRA’s intervention, likely by early June, sets the stage for the case’s next phase. If the NRA joins, it could bolster the NGCB’s push to dismiss Kalshi’s complaint.

Kalshi’s injunctions keep its markets running, but Gordon warned, “Kalshi is proceeding at its own risk,” noting the CFTC could still act. Legal analyst Daniel Wallach suggested on LinkedIn that Nevada might use Kalshi’s prior statements against it, citing judicial estoppel.