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U.S. District Court for the District of Columbia

D.C. federal court order striking down the CFTC's ban on Kalshi's election contracts

No. 1:23-cv-03257 · ECF No. 47 · 1 page

Entered

Court orderSummary judgment for Kalshi; CFTC order vacated

Read the original orderPDF · CourtListener, from the court's filing system
Cite this page

Bluebook

Kalshi v. CFTC Order (Sept. 6, 2024): The Ruling That Let Kalshi List Election Contracts, Prediction Market Laws (last updated Nov. 7, 2026), https://predictionmarketlaws.com/documents/ddc-kalshi-v-cftc-order.

APA

Prediction Market Laws. (2026, November 7). Kalshi v. CFTC Order (Sept. 6, 2024): The Ruling That Let Kalshi List Election Contracts. https://predictionmarketlaws.com/documents/ddc-kalshi-v-cftc-order

In a one-page order, Judge Jia M. Cobb granted Kalshi summary judgment, denied the CFTC's cross-motion and vacated the CFTC's Sept. 22, 2023 order that had barred Kalshi from listing contracts on which party would control Congress. She made it a final, appealable order. Her memorandum opinion explaining the ruling followed on Sept. 12, 2024.

What the court decided

  1. Kalshi's motion for summary judgment (ECF No. 17) granted.
  2. The CFTC's cross-motion for summary judgment (ECF No. 30) denied.
  3. The CFTC's Sept. 22, 2023 order prohibiting Kalshi's congressional control contracts vacated.
  4. Designated a final appealable order, which allowed the CFTC to appeal to the D.C. Circuit.

Why it matters

The ruling cleared the way for federally regulated election contracts before the 2024 election. The CFTC appealed and then dropped the appeal in May 2025, so the decision stands. Courts in the later state cases often cite it.

Where it fits in the case

Kalshi v. CFTC (election contracts, D.D.C.)U.S. District Court for the District of Columbia, 1:23-cv-03257

  1. Kalshi files suit; assigned to Judge Jia M. Cobb.
  2. Judge Cobb rules for Kalshi on the cross-motions for summary judgment and vacates the CFTC order (the order the CFTC appealed). This order
  3. Memorandum opinion released (2024 WL 4164694); at a hearing the same day the court denies the CFTC's request for a stay pending appeal.
  4. D.C. Circuit grants the CFTC's unopposed motion and dismisses its appeal, leaving the ruling in place.

Full docket timeline and status

Read and cite it

  • OrderPDF · CourtListener, from the court's filing system

Cite the order

KalshiEX LLC v. CFTC, No. 23-cv-3257 (JMC), ECF No. 47 (D.D.C. Sept. 6, 2024).

Cite this summary

Prediction Market Laws, D.C. federal court order striking down the CFTC's ban on Kalshi's election contracts (read Nov. 7, 2026), https://predictionmarketlaws.com/documents/ddc-kalshi-v-cftc-order.

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