Coinbase’s path to legal action against the U.S. Securities and Exchange Commission (SEC) looks bleak, with Georgia State University banking and administrative law professor Todd Phillips saying Judge Failla’s decision last week means she agrees with the SEC’s interpretation of legal precedent that Coinbase The crypto-assets offered on appear to be securities, so Coinbase is operating as an unregistered exchange and broker, and the SEC will likely prevail.
Todd Phillips analyzed that there are two scenarios that are more beneficial to Coinbase. First, he hopes that the Republican Party will win the presidential election and force Gary Gensler to withdraw from the SEC; second, Coinbase will immediately appeal this decision, abandon the next stage of the trial, and directly Appealed to the Second Circuit and ultimately to the Supreme Court. (Fortune)