The agency plans to appeal the case brought by the prediction market platform, and could still ask the higher court to stop the firm from listing the contracts.
Elections are not a form of "gaming," so the agency should not have conducted a public review of Kalshi's political prediction markets, the judge wrote.
The agency says it can't make "an informed decision" about whether to appeal the judge's decision in Kalshi's favor until it knows her as-yet-unpublished rationale.
With two months to go before the election, the U.S.-regulated platform may now get a sliver of the 2024 political betting bonanza that's been dominated by crypto-based rival Polymarket.
The CFTC-regulated platform will let traders bet on how high ETH will go this year and other price outcomes amid renewed interest in both crypto and prediction markets.