‘We Will See You in Court’: CFTC Defends Jurisdiction in Massachusetts Kalshi Case

Key Takeaways:

• CFTC filing asserts exclusive authority over prediction markets, signaling federal dominance over state challenges ahead.
• Massachusetts case involving KalshiEx highlights conflict where state enforcement threaten unified national derivatives oversight framework.
• Mike Selig warns states challenging CFTC authority will face litigation, escalating tensions prediction market regulation.

CFTC ASSERTS EXCLUSIVE CONTROL OVER PREDICTION MARKETS

The Commodity Futures Trading Commission (CFTC) on April 24 submitted an amicus brief to the Massachusetts Supreme Judicial Court asserting its exclusive authority over U.S. commodity derivatives markets, including event contracts commonly known as prediction markets. The brief relates to Commonwealth of Massachusetts v. KalshiEx LLC, No. SJC-13906.

The filing indicated the Massachusetts case forms part of the CFTC’s broader push to defend its oversight of prediction markets against state-level challenges. The document detailed the history and structure of the Commodity Exchange Act and explained that Congress established a framework preempting state laws in CFTC-regulated markets. Congress created the agency in 1974 to build a uniform national system for futures trading after fragmented state oversight disrupted market development. Lawmakers also granted the CFTC exclusive authority over futures, options, and swaps traded on regulated exchanges, including event contracts tied to sports, elections, or weather.

CFTC Chairman Michael S. Selig remarked:

LEGAL CLASH WITH STATES THREATENS UNIFIED DERIVATIVES FRAMEWORK

Recent legal actions highlight the escalating conflict. The CFTC has filed lawsuits against multiple states, including New York, while working with the Department of Justice (DOJ) in broader challenges against state enforcement efforts targeting prediction markets. Courts have already intervened in some cases, including granting a temporary order blocking an Arizona criminal case against prediction market platforms. These developments reflect a growing federal push to halt state-level actions and reinforce a single regulatory framework as disputes over jurisdiction intensify across several states.

The April 24 filing outlined that applying state gambling laws to swaps traded on CFTC-regulated markets would conflict with federal law and disrupt the uniform regulatory system established by Congress. It further warned that such actions could reintroduce fragmented oversight across jurisdictions.

“Congress has entrusted the CFTC with the sole authority to regulate commodity derivatives markets, including prediction markets,” Selig further stressed, warning:

He also addressed the issue on social media platform X, commenting directly on the dispute and specifically naming Massachusetts: “Despite several court decisions blocking states from pursuing unlawful enforcement actions against CFTC-regulated exchanges, some states are still trying to encroach on the CFTC’s exclusive authority over prediction markets. Massachusetts, we’ll see you in court.”