A Plan To Get Rid Of The SEC

Crypto Industry wants to utilize Supreme Court Doctorine


  • The crypto industry is pinning its hopes on the major questions doctrine, established by a Supreme Court decision, to limit the SEC’s regulatory authority.
  • Coinbase has cited the doctrine in response to the SEC’s Wells notice, arguing against the SEC’s unilateral decision-making on token classification.
  • Former Coinbase product manager Ishan Wahi also used the doctrine in his defense against insider trading charges, questioning the SEC’s authority over crypto tokens.

The crypto industry is turning to a recent Supreme Court doctrine, known as the major questions doctrine, as a potential means to limit the regulatory authority of the Securities and Exchange Commission (SEC). The doctrine, established in a June 2022 Supreme Court decision, seeks to restrict federal agencies’ power in extraordinary cases with significant political and economic impact.

Citing the major questions doctrine, Coinbase, one of the leading crypto companies, has challenged the SEC’s authority in its response to the SEC’s Wells notice and anticipated enforcement action. Coinbase argues that the SEC lacks the unilateral decision-making power to classify tokens and regulate the crypto industry. The company asserts that the SEC’s broad assertion of regulatory authority over a significant portion of the American economy requires clear statutory authority.

Former Coinbase product manager Ishan Wahi has also invoked the major questions doctrine in his defense against insider trading charges. Wahi’s legal team questioned the SEC’s authority over crypto tokens and their trading, asserting that the SEC needs clear statutory authority to regulate digital assets.However, the SEC remains skeptical of the crypto industry’s interpretation of the major questions doctrine. SEC Chair Gary Gensler, in a keynote address, emphasized that the agency’s actions are based on the authorities given by Congress and that the SEC carefully considers court opinions to ensure compliance with the law. Gensler maintains that existing rules and regulations, including those regarding exchanges, broker-dealers, advisors, and securities offerings, are applicable to the crypto industry.

The crypto industry’s invocation of the major questions doctrine reflects its desire for more regulatory clarity and certainty. By challenging the SEC’s authority, industry participants aim to foster an environment that encourages innovation while ensuring compliance with the laws. The industry seeks a clearer framework that accommodates the unique characteristics of cryptocurrencies and tokens.

The outcome of leveraging the major questions doctrine to limit the SEC’s power remains uncertain. It raises important legal questions about the scope of the SEC’s authority and the need for specific statutory guidance on the regulation of digital assets. If successful, this approach could have significant implications for the crypto industry, potentially reshaping the regulatory landscape and providing a more favorable environment for innovation and growth.

However, it’s important to note that the SEC maintains its commitment to fulfilling its regulatory duties within the boundaries set by Congress. The agency emphasizes its reliance on existing authorities and court opinions to ensure compliance with the law. While the crypto industry calls for more regulatory clarity, the SEC argues that the current rules and regulations are applicable and sufficient.

The ongoing dialogue between the crypto industry and regulatory bodies like the SEC underscores the need for collaboration and understanding. As the crypto landscape continues to evolve, it is crucial for policymakers and industry participants to engage in constructive discussions, aiming to strike a balance between investor protection, market integrity, and fostering innovation.

Regulatory clarity can provide a solid foundation for the sustainable growth of the crypto industry. By addressing concerns and seeking effective solutions, regulators can foster an environment that encourages responsible innovation while mitigating risks associated with illicit activities and investor harm.

The crypto industry’s reliance on the major questions doctrine to challenge the SEC’s regulatory authority highlights the ongoing struggle for regulatory clarity. Coinbase and former Coinbase employee Ishan Wahi have invoked the doctrine in their defenses against SEC actions, questioning the SEC’s power and calling for more precise statutory guidance. The outcome of this legal battle will have significant implications for the industry and may shape the future regulatory framework governing cryptocurrencies and digital assets. Ultimately, constructive dialogue between regulators and industry stakeholders is crucial to strike a balance that ensures investor protection, market integrity, and innovation in the evolving crypto landscape.

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