CFTC ordered Kalshi to defy Michigan court's trade-cancellation order, invoking emergency power unused in 46 years

On July 14, 2026, the Commodity Futures Trading Commission stayed a proposed rule change by prediction-market platform Kalshi that would have brought it into compliance with a Michigan state court order, and separately invoked emergency authority to order Kalshi to fulfill the disputed trades instead. CFTC Chairman Michael S. Selig said the commission would not let states "bully" federally regulated exchanges, the first time the agency has used this power against a state court ruling in 46 years.

  • Commodity Futures Trading Commission
  • Michael S. Selig (CFTC Chairman)

On July 14, 2026, the Commodity Futures Trading Commission stayed an emergency rule change proposed by prediction-market platform KalshiEX, LLC that would have brought Kalshi into compliance with a Michigan state court order. That order, issued by Ingham County Circuit Judge Rosemarie Aquilina after Michigan Attorney General Dana Nessel sued Kalshi, directed the company to temporarily halt its sports-related prediction markets in Michigan and cancel previously executed trades held by Michigan residents, after the judge found residents were "being exploited by Kalshi's sports betting operation masquerading as an investment opportunity." Instead of allowing Kalshi to comply, the CFTC simultaneously invoked its own emergency authority — last used roughly 46 years ago, during the Carter administration's response to the Soviet grain embargo — to order KalshiEX, LLC to fulfill the disputed trades in the ordinary course of business, directly overriding the state court's directive.

CFTC Chairman Michael S. Selig said "a state cannot force a DCM to violate its obligations" and that the commission "will not allow states or state courts to bully registered entities into violating the Commodity Exchange Act and CFTC regulations." The commission's order was the agency's first direct action against a ruling from a state court; the CFTC has separately filed lawsuits against nine states, including Michigan, over their attempts to regulate prediction markets as gambling. Kalshi said it had already complied with the Michigan court's order before the CFTC's intervention, and a spokesperson for Nessel's office said the attorney general disagreed with the CFTC's characterization of the dispute and its attempt to undermine state efforts to regulate online sports betting.

Federal agencies operate within the judicial process, not above it, and a state court's binding order is not optional for a federal regulator to override at will. Here the CFTC invoked emergency powers unused for nearly half a century to direct a company to defy a Michigan judge's order, substituting the commission's own judgment for a court's on behalf of an industry it has embraced. This is the first time the agency has taken direct action against a state-court ruling rather than contesting it through the ordinary appellate process, asserting federal regulatory authority as functionally superior to a binding judicial directive.

  1. CFTC Stays KalshiEX Rule Change and Exercises Emergency Authority to Order Fulfillment of Pending TradesCommodity Futures Trading Commission primary accessed July 19, 2026
  2. Trump regulator orders Kalshi to defy Michigan court, escalating battle over prediction marketsCNN (via WAAY-TV) secondary accessed July 19, 2026
  3. CFTC Takes Big Swing in Pushing Back on Michigan Kalshi OrderBloomberg Law investigative accessed July 19, 2026