The Commodity Futures Trading Commission (CFTC) says that if a New York court issues an order banning Kalshi, it may step in and require Kalshi to keep offering its contracts, even if it would defy a court order.
The CFTC made those claims in an “emergency order” letter published Tuesday.
The order comes in response to the state of New York suing Kalshi in state court last month, after a federal court denied Kalshi protection against a state lawsuit. The state is asking for a temporary restraining order (TRO) that would prohibit Kalshi from “operating a business that offers contracts relating to sports, culture, elections, and other events … within or from New York or to persons in New York.”

