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CFTC invokes emergency powers to keep Kalshi operating in New York fight

8/12/2026

An emergency order from the Commodity Futures Trading Commission is the only thing keeping Kalshi in operation as a jurisdictional fight with New York intensifies. The order escalates a dispute that was already underway.

At its center sits a binary legal question: whether a state may treat federally regulated event contracts as illegal gambling.

What the CFTC did and why it matters Emergency powers are not the CFTC's opening move in a standard regulatory dispute.

Invoking them signals the agency judged that Kalshi's ability to operate in New York was at immediate risk and that ordinary procedural timelines would not protect it.

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