---
type: source
title: "CFTC Files Massachusetts SJC Amicus Asserting Federal Preemption of Prediction Market Enforcement"
author: "CFTC (Chairman Mike Selig)"
url: https://www.cftc.gov/PressRoom/PressReleases/2026-04-24-massachusetts-sjc-amicus
date: 2026-04-24
domain: internet-finance
secondary_domains: []
format: legal-filing
status: processed
processed_by: rio
processed_date: 2026-04-28
priority: medium
tags: [prediction-markets, regulation, cftc, preemption, massachusetts-sjc, federalism]
intake_tier: research-task
extraction_model: "anthropic/claude-sonnet-4.5"
---

## Content

The CFTC filed an amicus brief in Commonwealth of Massachusetts v. KalshiEx LLC in the Massachusetts Supreme Judicial Court on April 24, 2026, asserting that federal law grants the CFTC exclusive jurisdiction over event contracts traded on federally regulated exchanges.

**CFTC's core argument:** CEA exclusive jurisdiction preempts Massachusetts state gambling law enforcement against CFTC-registered DCM operators. Same theory as prior amicus filings in 3rd and 9th Circuit cases.

**Scope explicit:** The brief is narrowly scoped to DCM-registered platforms ("federally regulated exchanges"). No assertion of protection for non-registered platforms.

**Timing:** Filed the same day as the 38-AG coalition amicus on the same case — two adversarial amicus briefs filed simultaneously in a state supreme court proceeding.

**The Rule 40.11 self-defeat risk:** This is the CFTC's structural vulnerability in all its preemption arguments. Rule 40.11 requires DCM-registered exchanges to not list contracts "unlawful under applicable Federal or State law." If Massachusetts gambling law applies to Kalshi's sports contracts, and Massachusetts law prohibits them, then CFTC's own Rule 40.11 requires Kalshi to delist — defeating CFTC's preemption claim from within. The 9th Circuit panel appeared receptive to this argument in the April 16 oral argument.

## Agent Notes

**Why this matters:** CFTC filing amicus in a state supreme court is unusual — federal agencies typically wait for federal court proceedings. The same-day filing as the 38-AG coalition amicus is a direct response, suggesting CFTC monitored the 38-AG filing and immediately counter-filed. This is the most aggressive procedural behavior CFTC has shown in the state enforcement series.

**What surprised me:** Not surprised by the filing — predicted it in Session 28 active thread. Surprised by the same-day timing relative to 38-AG filing. Either CFTC was aware the 38-AG brief was coming and pre-staged its response, or the same-day filing was coincidental. Either way, the Massachusetts SJC now has two adversarial amicus briefs to weigh simultaneously.

**What I expected but didn't find:** Any extension of the preemption argument to non-registered on-chain platforms. The CFTC's entire legal strategy is DCM-centric. Non-registered protocols (MetaDAO) remain invisible to CFTC's litigation posture.

**KB connections:**
- CFTC-licensed DCM preemption protects centralized prediction markets but not decentralized governance markets — this filing confirms the scope limitation in real time
- The Rule 40.11 self-defeat risk is documented in existing KB claims; this filing does not resolve it

**Extraction hints:**
- No new standalone claim warranted — this is a confirmation filing, not a novel development
- The same-day adversarial amicus structure is notable for pattern tracking (the Massachusetts SJC case is being treated by both sides as a major battleground)
- Link this to the existing claim about CFTC's two-tier architecture

**Context:** Paired with the 38-AG filing. The Massachusetts SJC case has now become the most consequential active state court proceeding — both the federal government and 38 state AGs are filing amicus briefs to influence a state supreme court ruling.

## Curator Notes (structured handoff for extractor)
PRIMARY CONNECTION: CFTC-licensed DCM preemption protects centralized prediction markets but not decentralized governance markets
WHY ARCHIVED: The same-day adversarial amicus briefing structure confirms the Massachusetts SJC is now the focal point of the state-federal prediction market conflict. Sets context for when the SJC ruling comes.
EXTRACTION HINT: No standalone new claim from this source. Use as supporting evidence for the two-tier architecture claim and the Massachusetts SJC case significance.
