Crypto Companies May Use a Supreme Court Doctrine to Push Back Against SEC: Lawyer

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Morrison Cohen LLP partner ohaiom says crypto companies may start pushing back against regulators by using the U.S. Supreme Court's 'major questions doctrine.' _franvela reports

on April 30, said it would take the regulator to court if the agency did not make a “reasonable settlement offer.”major questions doctrine

," which holds that regulators can’t exceed their authority. The high court last used the doctrine in 2022 in a 6-3 decision involving the Environmental Protection Agency on whether it had the authority to issue an emissions cap on greenhouse gases. Chief Justice John Roberts, writing for the majority, said no, and that it was up to Congress to provide EPA with clear authorization for such actions.

“What the Supreme Court has instructed is that administrative agencies, which are a branch of the executive department, are not allowed to take views that will affect major questions of the United States economy,” Cohen said. So when it comes to crypto, “That’s for Congress to set the law, not for the SEC to say 'we believe the law should be no crypto,'” he added.. Consider other jurisdictions, Cohen said, such as the European Union, the U.K., Singapore, Japan and the Cayman Islands, which “are developing legal regimes that can allow people to operate legally.”

 

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ohaiom _franvela What you and I have been chatting about for awhile MichelleSKallen. Still need the right case though, positioned the right way, with a party that wants to see it all the way through.

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