CFTC declares market emergency, orders Kalshi to continue to operate in New York(cftc.gov)
224 points by michaefe 10 days ago | 193 comments
tl;dr: The CFTC invoked emergency authority to order KalshiEX to keep operating after NY AG Letitia James sued to block its event contracts nationwide and seek $36B in damages. Chairman Michael Selig argued state gaming laws can't regulate interstate derivatives markets, which fall under CFTC jurisdiction. The agency has now sued nine states (including NY, Illinois, and Connecticut) and filed amicus briefs in multiple courts to defend its authority over event contract exchanges.
HN Discussion:
  • The CFTC's framing is misleading; the article/CFTC fabricated the 'nationwide' angle to justify overreach
  • Kalshi is clearly gambling dressed as derivatives and NY's position is correct
  • Suspects corruption and political connections are driving the CFTC's intervention
  • CFTC does have legitimate exclusive jurisdiction over derivatives, so the action is legally correct
  • Questions whether courts (post-Chevron) will now decide the gambling vs derivatives classification