U.S. CFTC Blocks Kalshi From Carrying Out Court-Ordered Trade Cancellations

Kalshi, a prediction-market platform regulated by the U.S. Commodity Futures Trading Commission, offers event contracts tied to outcomes including sporting events. Michigan authorities contend those products amount to sports betting and must comply with the state’s licensing and gambling rules. The dispute is significant because it tests whether federal derivatives oversight preempts state enforcement, an issue that could shape prediction markets nationwide as a potential U.S. Supreme Court battle approaches.

A Michigan court has ordered Kalshi to continue blocking sports prediction-market trading for users in the state, extending a temporary restriction imposed in June. The injunction keeps the sports contracts unavailable while litigation proceeds or until a higher court intervenes. If Kalshi violates the order, it could face fines of as much as $500,000 for each day of noncompliance, sharply raising the stakes in its fight with Michigan regulators.

Kalshi operates a designated contract market regulated by the Commodity Futures Trading Commission and argues that its event contracts are federally supervised derivatives rather than wagers subject to state licensing. The dispute tests where financial regulation ends and gambling oversight begins, with major implications for prediction-market operators, state consumer-protection regimes and the CFTC’s claim to exclusive jurisdiction under the Commodity Exchange Act.

On Aug. 28, 2026, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit held that Kalshi had not shown the Commodity Exchange Act was likely to preempt Nevada gaming laws. The court affirmed the dissolution of an injunction covering sports-event contracts and sent questions involving election contracts back to the district court. No monetary damages were awarded. The decision conflicts with the Third Circuit’s approach, prompting the CFTC to signal a potential Supreme Court fight.

Kalshi is a CFTC-registered designated contract market that lets users trade event contracts tied to sports, elections and other outcomes. Its legal strategy rests on federal pre-emption: the company argues the Commodity Exchange Act gives the Commodity Futures Trading Commission exclusive authority over its exchange, while states contend much of the activity is gambling subject to local licensing and consumer-protection laws. The outcome will determine whether prediction markets can operate under one national framework or face a state-by-state patchwork.

On Aug. 13, King County Superior Court Judge John McHale ordered Kalshi to block Washington users from most contracts, requiring initial IP and residency geofencing by Aug. 19 and a multi-source system by Sept. 2. Kalshi sought reconsideration on Aug. 20, citing Washington’s decision not to enforce equivalent restrictions against Crypto.com pending appeal. Separately, 44 state attorneys general challenged the CFTC’s 267-page proposed rule after comments closed July 27. The CFTC invoked emergency authority on Aug. 11 to keep Kalshi operating amid New York’s July 31 suit, which seeks more than $36 billion in damages.

Kalshi, designated as a contract market by the Commodity Futures Trading Commission in 2020, lets users trade contracts tied to outcomes ranging from sports and elections to economic data. Washington state argues those products amount to unlicensed gambling, while Kalshi says federal derivatives law gives the CFTC exclusive authority. The dispute is important because its outcome could determine whether state gambling rules can constrain a fast-growing industry built around federally regulated event contracts.

King County Superior Court Judge John McHale on Aug. 13 ordered Kalshi to stop accepting new positions in most markets by Aug. 19 and implement geofencing by Sept. 2. Noncompliance could trigger penalties of $120,000 a day. The order allows trading tied to commodities, climate, economics and finance to continue, while restricting categories including sports. Washington Attorney General Nick Brown filed the underlying lawsuit on March 27, accusing Kalshi of violating the state Gambling Act and Consumer Protection Act.

Kalshi operates a CFTC-designated contract market where users trade event contracts tied to sports, politics and other outcomes. The company says those products are derivatives governed by the federal Commodity Exchange Act, while New York treats its sports contracts as unlicensed gambling subject to state safeguards, taxes and age limits. The dispute has become a direct test of whether the Commodity Futures Trading Commission’s asserted exclusive jurisdiction over national derivatives markets preempts state gambling enforcement.

On Aug. 11, 2026, the CFTC invoked emergency authority after KalshiEX notified it of a “market emergency,” ordering the exchange to keep operating in line with the Commodity Exchange Act’s Core Principles. New York Attorney General Letitia James had sued on July 31, seeking a temporary restraining order barring Kalshi from offering all event contracts nationwide and more than $36 billion in damages. The action marked the agency’s first use of such emergency powers since 1980 and sharply escalated the federal-state jurisdictional fight.

Kalshi is a prediction market regulated by the U.S. Commodity Futures Trading Commission that allows users to trade contracts on event outcomes. The company argues that its products are financial swaps, while Michigan considers its sports contracts to be unlicensed online gambling. The dispute centers on whether federal financial regulation can preempt state gambling laws and also raises questions about consumer protection and gambling tax revenue.

On June 29, 2026, Ingham County Circuit Court Judge Rosemarie Aquilina granted Michigan Attorney General Dana Nessel's request for a 14-day temporary restraining order barring Kalshi from offering or promoting sports contracts to people in the state. The platform must use third-party geolocation technology that complies with state rules to block users. Violations carry a fine of $120,000 per day, and the order was originally set to remain in effect through July 13.

Prediction markets turn events such as sports outcomes into tradable event contracts. KalshiEX LLC is a designated contract market approved by the U.S. Commodity Futures Trading Commission. The dispute centers on whether the Commodity Exchange Act preempts state gambling laws. The CFTC argues that derivatives markets require uniform federal oversight, while New Mexico considers the contracts a form of online sports betting requiring a state license. The ruling could shape the boundaries of state enforcement and platform operations.

New Mexico’s attorney general sued Kalshi on June 4, 2026, alleging that the platform operated without a state license and allowed users aged 18 and older to participate, including people below the state’s minimum gambling age of 21. The case was moved to federal court on June 8. The CFTC filed a separate lawsuit against the state government on June 12, seeking confirmation of federal preemption and preliminary and permanent injunctions. New Mexico is the eighth state targeted by a CFTC lawsuit over enforcement, and the complaint did not seek a specific amount in damages.

Kalshi structures outcomes in sports, elections and other areas as event contracts and operates as a designated contract market regulated by the U.S. Commodity Futures Trading Commission (CFTC). Minnesota, however, considers the activity gambling subject to state law. The dispute centers on whether the Commodity Exchange Act grants exclusive federal jurisdiction that preempts the state ban under the U.S. Constitution’s Supremacy Clause. The outcome could reshape regulatory boundaries nationwide.

Governor Tim Walz signed SF 4760 on May 18, 2026, before replacing it with SF 3432 on May 26. Effective August 1, the law makes operating, facilitating or advertising prediction markets a felony. The CFTC sued on May 19 and sought an injunction, followed by Kalshi on May 27. Kalshi also argued that the advertising restrictions violate the First Amendment. The litigation is expected to continue through appeals and could ultimately be decided by the U.S. Supreme Court.

Kalshi is a designated contract market regulated by the U.S. Commodity Futures Trading Commission (CFTC) that offers event contracts tied to outcomes including sports results. The Ohio Casino Control Commission considers such products to be sports betting that requires a license, prompting Kalshi to sue in October 2025. The dispute centers on whether federal derivatives regulation preempts state intervention, and its outcome could also affect platforms such as Polymarket.

On May 12, 2026, the CFTC filed an amicus brief with the U.S. Court of Appeals for the Sixth Circuit supporting Kalshi’s challenge to a federal district court’s March 2026 denial of an injunction. The CFTC called Ohio’s action a “jurisdictional overreach” and asked the court to affirm its exclusive authority over event contracts offered on designated contract markets. The filing marks the agency’s second intervention in a similar case, following its support for Crypto.com in the Ninth Circuit in February.

Kalshi is a designated contract market regulated by the US Commodity Futures Trading Commission, allowing users to trade event contracts tied to outcomes including sports results. Each contract settles at a maximum of $1. New Jersey's Division of Gaming Enforcement classified the activity as unlicensed sports betting, raising the question of whether federal derivatives regulation preempts state law.

On April 6, 2026, the US Court of Appeals for the Third Circuit voted 2–1 to uphold a preliminary injunction issued on April 28, 2025. The court found that sports event contracts are swaps under the Commodity Exchange Act and fall under the CFTC's exclusive jurisdiction. On June 26, the state separately requested an extension until September 4 to file a petition for a writ of certiorari with the Supreme Court.