CFTC directs Kalshi and Polymarket to restore nationwide access despite state court blocks
The Commodity Futures Trading Commission (CFTC) has directed prediction-market platforms Kalshi and Polymarket to provide services nationwide, according to reports published November 6. The instruction risks conflicting with existing state court orders that had mandated geofencing of certain states. The CFTC's move sets up a clash between federal regulatory authority and state judicial orders. No details have emerged on the specific legal basis for the request or how the platforms have responded.
The CFTC's order forces platforms to choose between federal compliance and active state court orders. Kalshi, Polymarket, DraftKings, Fanatics, and FanDuel now face contempt risk in states where judges required blocks. The 30-day deadline compresses a legal collision that operators cannot avoid.
Utah has already summoned Kalshi's co-founders Mansour and Lopes Lara on felony gambling charges, proving that federal registration does not guarantee protection. Platforms must fund parallel defenses while rebuilding access systems. The first operator to defy a state court order will test whether the CFTC backs its directive with enforcement resources or leaves firms exposed.
The directive joins a running federal push to shield CFTC-registered platforms from state enforcement that now includes the commission's own suit against Utah, twin swap-rule proposals, and felony charges against Kalshi's co-founders.