By Marshall Cohen, CNN
(CNN) — The Trump administration took an extraordinary step this week to escalate its nationwide efforts to prevent states from regulating prediction markets, where users can trade on real-world events like sports, politics and pop culture.
The Commodity Futures Trading Commission, the federal agency that regulates prediction markets, directed Kalshi not to cancel pending sports trades in Michigan, in defiance of a court order from a state judge.
The rare CFTC order cited emergency powers that haven’t been invoked since President Jimmy Carter’s grain embargo against the Soviet Union during the Cold War.
Kalshi said it had already complied with the judge’s order, and the volume of unwound trades was relatively small – which means the legal standoff might be moot for now. But this maneuver was the CFTC’s most aggressive and surprising step yet in its efforts to stop states from reigning in prediction markets.
“This hasn’t happened in 46 years,” said Robert Schwartz, the agency’s former general counsel, of the CFTC using its emergency authorities. “And it’s an assertion of federal power in financial markets like we haven’t seen so far, by countermanding a court order.”
With the backing of President Donald Trump, the CFTC has embraced prediction markets, which have exploded in popularity this year. The CFTC’s move comes after it filed lawsuits against states that tried to regulate the companies, and withdrew Biden-era proposals to ban some types of trades.
Trump and his family have financial ties to the prediction market industry. And he has reshaped the CFTC by leaving his sole appointee, Michael Selig, at the helm of the five-member commission.
While Selig has largely been in lockstep with the industry, the unorthodox intervention in Michigan created some rare daylight between the two sides. It caught many in the industry off guard, rattled seasoned traders by creating uncertainty about pending trades and drew condemnation from Kalshi.
Kalshi’s head of enforcement, Bobby DeNault, said: “We are disappointed by this decision and believe it is unfair to Kalshi,” in an X post Tuesday night.
“We are being put in an impossible position, looking to follow state court orders that may contradict our federal regulatory obligations,” DeNault wrote.
A source familiar with the CFTC’s decision-making told CNN this was done to stop what it sees as a bad precedent from influencing ongoing lawsuits in other states. The source said, “this isn’t about Kalshi and it certainly wasn’t to help them,” adding that, “it makes their life harder, in this case.”
Separately, CNN reported Thursday that the CFTC is investigating a White House teleprompter operator for potential insider trading on markets about Trump’s speeches. The White House said the employee, Gabriel Perez, is cooperating with the CFTC and was placed on unpaid administrative leave.
CNN has a partnership with Kalshi and uses its data to cover major events. But CNN editorial