CFTC Asserts Federal Control Over Prediction Markets Amid State Challenges

News Flash 2026-04-26 08:55

The Commodity Futures Trading Commission (CFTC) has reinforced its claim of exclusive authority over U.S. prediction markets, submitting an amicus brief to the Massachusetts Supreme Judicial Court on April 24. This move is part of the CFTC's broader strategy to counter state-level challenges, particularly in the case of Commonwealth of Massachusetts v. KalshiEx LLC. The CFTC argues that its jurisdiction, established by the Commodity Exchange Act, preempts state laws, aiming to maintain a unified national derivatives oversight framework. CFTC Chairman Michael S. Selig emphasized the agency's commitment to defending its regulatory domain, warning states against illegal enforcement actions. The CFTC has initiated legal proceedings against several states, including New York, and is collaborating with the Department of Justice to address these challenges. Recent court interventions, such as a temporary order in Arizona, underscore the escalating legal battle as the CFTC seeks to prevent fragmented oversight and uphold federal regulatory supremacy.

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