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CFTC Orders Kalshi to Keep Prediction Markets Open Amid New York Suit

2 reports · First detected 2026-08-12 · Last active 2026-08-12

Kalshi operates a CFTC-regulated designated contract market where users trade event contracts tied to sports, elections and other outcomes. The dispute turns on whether those products are derivatives governed nationally under the Commodity Exchange Act or wagers that states may police under gambling laws. The answer could determine whether prediction markets face one federal framework or a state-by-state licensing regime, making the New York case a major test of regulatory authority.

On Aug. 11, 2026, the Commodity Futures Trading Commission invoked emergency powers after KalshiEX LLC reported 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 in state court, seeking a temporary restraining order barring Kalshi from offering all event contracts nationwide and more than $36 billion in damages. The intervention puts the federal regulator in direct conflict with New York.

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2 original reports

The Backstory

The history behind this event
U.S. CFTC Blocks Kalshi From Carrying Out Court-Ordered Trade Cancellations2026-07-15 · 3 reports · similarity 0.89

The dispute between the Commodity Futures Trading Commission and prediction-market platform Kalshi stems from a Michigan court’s June 29, 2026, finding that Kalshi’s contracts allegedly constituted illegal gambling and its order to cancel completed trades. The case centers on a clash between federal regulatory authority and state law. The CFTC warned that canceling trades would seriously undermine market confidence and contractual certainty.

In the latest development, the CFTC said on July 14, 2026, U.S. Eastern Time that it had invoked emergency powers to stop Kalshi from proceeding with plans to cancel trades by Michigan users, ordering the platform to settle them under normal procedures. Meanwhile, the Michigan court extended its injunction against the platform’s sports-event contracts and ordered Kalshi to implement geofencing to block users in the state by August 12, 2026, or face daily fines.

Kalshi and Prediction Markets Face Existential US Legal Battles2026-07-05 · 1 reports · similarity 0.82

Kalshi offers event contracts as a designated contract market regulated by the US Commodity Futures Trading Commission (CFTC). The central legal question is whether contracts allowing users to trade on outcomes are federally regulated derivatives or sports betting products subject to state oversight. The rulings will determine whether prediction markets can operate nationwide.

In early July 2026, Kalshi failed to secure a Nevada Supreme Court stay of an order blocking trading in the state, while a Michigan court issued a separate two-week temporary restraining order. The company also sued Ohio regulators and mounted a legal defense in Minnesota. North Carolina’s proposed budget would impose a 6% tax on related revenue, while Kalshi’s deadline to appeal in New Jersey was extended to August 4.

Michigan Judge Temporarily Bars Kalshi From Offering Sports Betting Contracts2026-06-30 · 1 reports · similarity 0.83

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 Market Kalshi Sues Illinois Officials Over Sports Contract Restrictions2026-06-25 · 1 reports · similarity 0.84

Kalshi is a prediction-market platform regulated by the U.S. Commodity Futures Trading Commission (CFTC) that allows users to trade contracts based on sporting-event outcomes. Illinois has subjected such products to state sports-betting restrictions, sparking a dispute over whether federal derivatives oversight preempts state intervention. The outcome could also affect how prediction markets operate across states.

Kalshi recently sued Illinois officials to challenge a provision in the state's newly enacted budget bill that is scheduled to take effect on July 1. The company argues that restrictions on sporting-event contracts encroach on the CFTC's exclusive regulatory authority. It is seeking to block enforcement, saying the provision would immediately restrict its products and cause irreparable harm that monetary damages could not adequately remedy.

U.S. CFTC Sues New Mexico in Prediction Market Jurisdiction Fight2026-06-15 · 1 reports · similarity 0.87

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.

Minnesota Ban Sparks Prediction-Market Jurisdiction Battle With Kalshi and CFTC2026-05-29 · 3 reports · similarity 0.84

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.

CFTC Backs Kalshi in Challenge to Ohio’s Regulatory Authority2026-05-13 · 1 reports · similarity 0.89

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.

CFTC Sues Three US States Over Prediction-Market Jurisdiction2026-04-27 · 5 reports · similarity 0.87

Event contracts allow investors to wager money on outcomes such as elections or sporting events. Kalshi, Robinhood and others argue that the contracts are derivatives under the Commodity Exchange Act and fall under the exclusive jurisdiction of the US Commodity Futures Trading Commission. States consider them unlicensed gambling. How courts draw the regulatory boundary will determine whether the platforms can operate across state lines.

On April 2, 2026, the CFTC filed separate lawsuits against Arizona, Connecticut and Illinois, asking the courts to declare that federal law preempts state gambling laws and to permanently bar state enforcement. It did not seek monetary damages. All three states had issued cease-and-desist orders, while Arizona also filed criminal charges. A federal court stayed Arizona’s prosecution on April 10.

US Appeals Court Rules New Jersey Cannot Ban Kalshi Prediction Markets2026-04-21 · 5 reports · similarity 0.87

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.

U.S. Prediction Markets Face 20 Lawsuits as Federal and State Regulators Clash2026-03-11 · 3 reports · similarity 0.84

Prediction markets such as Kalshi and Polymarket allow users to trade on the outcomes of political, sporting and other events, but it remains unsettled whether their contracts constitute gambling or financial hedging instruments governed by federal commodities law. The dispute will shape the jurisdictional boundary between the CFTC and state gambling regulators, as well as platforms’ ability to operate across state lines.

As of July 19, 2026, prediction-market operators faced about 20 lawsuits, with 11 states having taken legal action. The CFTC asserted full jurisdiction over the contracts, but Kalshi lost an Ohio case involving sports betting. Users could therefore face state-specific restrictions, account compliance requirements and cross-border trading risks.

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