CFTC invokes emergency authority to keep a prediction-market exchange operating amid New York's lawsuit
The CFTC on August 11 exercised its emergency authority after KalshiEX, LLC notified it of a market emergency, ordering the exchange to continue operating under the Commodity Exchange Act's core principles. The trigger: a July 31 New York state lawsuit seeking a restraining order against Kalshi's event contracts nationwide and more than $36 billion in damages.
What Happened
The Commodity Futures Trading Commission exercised its emergency authority on August 11 in response to KalshiEX, LLC's notification of a market emergency, and ordered the exchange to continue to operate in accordance with the Commodity Exchange Act's core principles. Kalshi's notification followed a complaint filed on July 31 by New York Attorney General Letitia James, seeking a temporary restraining order prohibiting the exchange from offering event contracts nationwide and more than $36 billion in damages.
The Positions on Record
The CFTC's stated basis: the Commodity Exchange Act requires it to provide a uniform national market in derivatives and to safeguard market resilience and orderliness. Chairman Michael S. Selig's published position is that event-contract exchanges are interstate financial markets Congress placed under federal jurisdiction, not state gaming law. The release also records the wider conflict: the CFTC has filed lawsuits against nine states — Arizona, Connecticut, Illinois, Kentucky, Minnesota, New Mexico, New York, Rhode Island and Wisconsin — and amicus briefs in three appellate courts. New York's complaint states the opposite position; the courts have not resolved it.
Why This Matters
Emergency authority is among the strongest tools a market regulator holds, and using it to keep an exchange OPEN against a state enforcement action is a jurisdictional confrontation, not a routine order. The outcome will shape who regulates event contracts in the US — a question that reaches every prediction-market and derivatives venue.
What Is Still Unresolved
Everything a court decides: the New York TRO request, the damages claim, and the underlying question of federal preemption. This article states each side's filings; it does not predict the outcome.
What To Watch Next
Rulings in the New York case and in the CFTC's own suits against the nine states, and any appellate decision on the preemption question.
Verification Status
Primary source: U.S. Commodity Futures Trading Commission (https://www.cftc.gov/PressRoom/PressReleases/9281-26). An official source is authoritative for what THAT party published; it does not by itself confirm third-party claims. Silence from other parties is never treated as denial.
Sources
Primary source: U.S. Commodity Futures Trading Commission — https://www.cftc.gov/PressRoom/PressReleases/9281-26
Disclaimer
For market-reference purposes only. Trading/investment decisions remain the user's responsibility.
Sources & evidence
- U.S. Commodity Futures Trading Commission (official)
Primary source: U.S. Commodity Futures Trading Commission. Live public-display equity pricing is not connected yet, so no equity price reaction is shown.
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