As expected: SEC appeals Ripple decision.

As expected: SEC appeals Ripple decision.

By TwoDogsCaged | TwoDogsCaged | 10 Aug 2023


My first thought about this was we knew it was coming. I mean, the SEC said as much right after the decision in the court was handed down. I suspect, Ripple would have appealed as well if it had "lost" the case.

My second thought about this is a bit more in depth. I mean, seriously, what is the SEC doing? Why are they trying to create rules on their own. I am not a great legal mind, but I do know a government agency cannot make up rules as they go. THAT IS A FACT. Now, remember the "major questions doctrine?" I wrote a post about this topic on Publish0x found here: https://www.publish0x.com/twodogscaged/is-the-major-questions-doctrine-what-cryptocurrency-needs-xnnokdz 

Here is a link to the Congressional Research Services (CRS) report dated 11-2-2022: https://crsreports.congress.gov/product/pdf/IF/IF12077 In that report it states the following exactly:

 

"Under the major questions doctrine, the Supreme Court has
rejected agency claims of regulatory authority when (1) the
underlying claim of authority concerns an issue of “vast
‘economic and political significance,’” and (2) Congress
has not clearly empowered the agency with authority over
the issue."

I write this because even a novice can see where this is going. In the long run there is no way that the SEC can win this. There will need to be legislation regarding cryptocurrency. It is clearly stated in point 2 above, an agency cannot claim authority if Congress had not clearly empowered the agency to regulate it. As a matter of fact, there are several current bills proposed in the US Congress and Senate regarding cryptocurrency bills to do just that, legislate cryptocurrency.

I am frustrated by the SEC's overreach at the present time. It may well in fact be approved to regulate cryptocurrencies if they are deemed securities. The problem is they don't have that authority now.  I mean, on the positive side, I think all of this SEC nonsense is keeping prices artificiality low, which presents in my mind a good buying opportunity for some various cryptocurrencies. (That is not investment advice, just one person's opinion.

An article about this topic can be found here: https://www.yahoo.com/finance/news/sec-appeal-xrp-ruling-case-213301834.html. You can find many article's about it if you do a simple google search. Apparently, Ripple has until August 16th to respond to the appeal.

I am looking forward to this being resolved, but it may not be for years to come.

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TwoDogsCaged
TwoDogsCaged

Cryptocurrency is a fascinating idea, one that has many confused, scared and dismissive of the concept. However, it also is intriguing and likely a large part of the future.

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