Legal

CFTC chair defends federal prediction market shield as state court losses mount

Published Aug 13, 2026Updated 45d ago

CFTC Chair Michael Selig defended the agency's exclusive jurisdiction over prediction markets in remarks on August 19 at a White House Innovation Meeting, saying federal oversight has shielded platforms from state attorneys general including Letitia James. The agency has filed emergency orders to keep markets open where states seek shutdowns. The posture clashes with a growing state-level offensive: courts in Washington, Wisconsin, and New York have ordered Kalshi to halt or geofence operations, rejecting CFTC preemption claims. Selig and Kalshi co-founder Luana Lopes Lara both testified before a committee hearing on the issue.

Why this matters?

The CFTC's jurisdictional claims are colliding with state court rulings that keep rejecting federal preemption. Kalshi faces geofencing orders in Washington, Michigan, and Nevada, with each loss forcing costly state-by-state compliance or contract voiding. The agency's emergency orders cannot outrun the courtroom defeats. Polymarket and Novig face identical exposure.

Brokers clearing these contracts now hold geography-dependent positions they never priced for liability. The split between federal assertions and state rulings pushes the industry toward a Supreme Court test on whether CFTC registration blocks local gambling law. Traders lose contract certainty, platforms lose national scale, and the federal framework itself is at stake.

In this story
Add Prediction News as a preferred source on GoogleGet our prediction-market coverage prioritized in your search results

Related Stories

More in Legal
Legal

CFTC sends two event-contract rules to White House amid preemption fight

Legal

Sixth Circuit rules Kalshi sports contracts subject to Ohio and Tennessee gambling laws

Legal

New York and Polymarket file dueling lawsuits over state gambling authority

Legal

Kalshi asks CFTC to approve margin trading on event contracts

Legal

New Jersey, Robinhood, and Crypto.com petition Supreme Court on sports event contract preemption

Legal

Supreme Court petitions filed in Kalshi case as Illinois ruling and Missouri order deepen state-federal split