The analysts pointed out that the recent overturning of the Chevron precedent by the Supreme Court provides a stronger argument for the crypto industry against the SEC’s enforcement strategies. Previously binding the SEC with considerable interpretative power over laws, the removal of Chevron deference raises questions about the agency’s regulatory capabilities. Historically, the SEC has used the Howey Test to claim that certain crypto transactions fall under its jurisdiction. Citi’s report indicates that the Supreme Court’s ruling casts doubt on the SEC’s interpretation of this pivotal legal standard.
Moreover, potential changes in leadership could bring about a more favorable crypto regulatory environment. Former President Donald Trump, should he win the upcoming election, has been vocal about his disapproval of the current administration’s approach to crypto, positioning himself as an advocate for the industry. Given these circumstances and ongoing litigation challenging the SEC’s jurisdiction, Citi anticipates that Coinbase and other crypto companies may have more room to maneuver legally, ultimately creating a more stable investment environment for the crypto industry.
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