On August 11, 2026, the Commodity Futures Trading Commission (CFTC) exercised its emergency authority in response to a market emergency notification from KalshiEX, LLC. The CFTC ordered KalshiEX, LLC to continue its operations in compliance with the Commodity Exchange Act's Core Principles.
KalshiEX, LLC's emergency notification to the CFTC followed a lawsuit filed by New York Attorney General Letitia James on July 31. The lawsuit seeks a temporary restraining order to prevent KalshiEX, LLC from offering all event contracts nationwide and demands over $36 billion in damages.
The CFTC's action underscores its mandate to provide a uniform national market for derivatives transactions, ensuring market resilience and orderliness. Chairman Michael S. Selig stated that Congress intended for derivatives exchanges to be regulated federally, not by a "patchwork of state gaming laws," as these are interstate financial markets.
The Commission is legally required to ensure order in these markets and views major market disruptions as hindrances to competitive, fair, and efficient markets that protect the price discovery process.
This incident is part of a broader pattern where states have attempted enforcement actions against CFTC-regulated Designated Contract Markets (DCMs). To protect its congressionally granted jurisdiction, the CFTC has previously filed lawsuits against multiple states, including Arizona, Connecticut, Illinois, Kentucky, Minnesota, New Mexico, New York, Rhode Island, and Wisconsin, and has submitted amicus briefs in federal appeals courts and a state supreme court.
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The Commodity Futures Trading Commission (CFTC) declared a market emergency and ordered KalshiEX, LLC to continue operating, following a lawsuit filed by the New York Attorney General seeking to halt the exchange's nationwide event contract offerings. This action by the CFTC aims to maintain market stability and assert federal jurisdiction over derivatives exchanges against state-level challenges.