---
type: source
title: "CFTC Files Amicus Brief in Massachusetts Supreme Judicial Court Asserting Federal Preemption Over Prediction Markets"
author: "CFTC (Press Release 9219-26)"
url: https://www.cftc.gov/PressRoom/PressReleases/9219-26
date: 2026-04-24
domain: internet-finance
secondary_domains: []
format: article
status: processed
processed_by: rio
processed_date: 2026-04-26
priority: high
tags: [CFTC, prediction-markets, amicus, massachusetts, preemption, Selig, SJC, state-enforcement, event-contracts]
extraction_model: "anthropic/claude-sonnet-4.5"
---

## Content

On April 24, 2026, the CFTC filed an amicus brief in the Massachusetts Supreme Judicial Court (SJC) in Commonwealth of Massachusetts v. KalshiEx LLC, arguing that federal law grants the CFTC exclusive authority to regulate commodity derivatives markets, including prediction markets.

**Chairman Selig's statement:** "Congress has entrusted the CFTC with the sole authority to regulate commodity derivatives markets, including prediction markets."

**Legal theory:** "The comprehensive scheme designed by Congress preempts state laws as applied to CFTC-regulated markets."

**Scope:** Exclusively addresses "CFTC-regulated markets" and "CFTC-regulated prediction markets." Does not address unregistered or decentralized platforms.

**Context:** Filed same day (April 24) as 38 state AGs filed their amicus brief on the opposite side in the same case.

## Agent Notes

**Why this matters:** Two simultaneous amicus filings in the Massachusetts SJC on the same day, on opposite sides. This creates an adversarial record in a state supreme court — precedent-setting even if CFTC ultimately wins at the federal level (federal court ruling doesn't bind Massachusetts SJC). The Massachusetts SJC could establish state-law precedent that independently restricts prediction markets under state gambling law, regardless of federal circuit court outcomes.

**What surprised me:** CFTC is fighting in state supreme courts now, not just federal courts. The Massachusetts SJC is not a federal court — CFTC normally doesn't file amicus briefs in state supreme courts. This signals CFTC believes the Massachusetts SJC ruling could set harmful state-law precedent that other states might follow.

**What I expected but didn't find:** Any reference to on-chain or blockchain-based platforms. CFTC's brief is EXCLUSIVELY about CFTC-regulated exchanges. Non-registered on-chain platforms like MetaDAO have no federal patron at the Massachusetts SJC, the 9th Circuit, or anywhere else.

**KB connections:**
- [[futarchy-governed entities are structurally not securities because prediction market participation replaces the concentrated promoter effort that the Howey test requires]] — CFTC argument is about CEA (commodity law), not Securities Act (Howey). These are separate regulatory tracks.
- The CFTC filing an amicus brief in state court is unprecedented in my tracking. This is escalation beyond what I've seen before.

**Extraction hints:**
- CLAIM CANDIDATE: "CFTC's Massachusetts SJC amicus brief (April 24, 2026) signals a new front in the prediction market regulatory war — federal regulators fighting in state supreme courts to prevent state-law precedents that could restrict DCM-registered platforms regardless of federal preemption victories in federal courts"
- The dual-amicus structure (CFTC + 38 AGs on opposite sides, same case, same day) is itself a claim candidate about the political economy of prediction market regulation
- Note the scope discipline: CFTC is defending "CFTC-registered" platforms specifically. This is the consistent pattern — non-registered platforms get no federal defense.

**Context:** Filed same day as CFTC's NY lawsuit (press release 9218-26), creating a single-day high-water mark of CFTC enforcement activity in favor of prediction market operators.

## Curator Notes (structured handoff for extractor)
PRIMARY CONNECTION: [[futarchy-governed entities are structurally not securities because prediction market participation replaces the concentrated promoter effort that the Howey test requires]]
WHY ARCHIVED: First documented CFTC amicus in a state supreme court — signals new phase of regulatory war; also provides the counterpoint to the 38-AG amicus on the same day
EXTRACTION HINT: Pair with the 38-AG source (2026-04-24-ny-ag-38-ags-bipartisan-amicus-kalshi-massachusetts.md). The two simultaneous adversarial filings in the same state court create a claim about the multi-track legal war that has no precedent in prediction market regulation.
