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18 U.S. States Challenge SEC's Crypto Regulation Actions

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2 hours ago


Eighteen U.S. states have filed a lawsuit against the Securities and Exchange Commission (SEC), accusing the agency of overstepping its constitutional boundaries in regulating the cryptocurrency sector.

Background of the Lawsuit

The lawsuit was filed in a Kentucky district court in partnership with 17 other Republican attorneys general from Nebraska, Tennessee, West Virginia, Iowa, Texas, Mississippi, Montana, Arkansas, Ohio, Kansas, Missouri, Indiana, Utah, Louisiana, South Carolina, Oklahoma, and Florida. Led by Kentucky Attorney General Russell Coleman, the coalition argues that SEC Chair Gary Gensler is disrupting state regulatory frameworks and stifling innovation in the $3 trillion digital asset market.

At bottom, the SEC's regulatory overreach defies basic principles of federalism and separation of powers... the SEC’s assertion of sweeping jurisdiction without congressional authorization deprives States of their proper sovereign role and chills the development of innovative regulatory frameworks for the digital asset industry.Attorney General Russell Coleman

Suppressing Progress

By imposing penalties without a clear regulatory framework, the coalition argues that the SEC creates risks for economic progress. Many in the crypto industry have criticized Gensler’s broad interpretation of securities law, which forces firms to comply with stringent requirements that don’t align with the unique nature of digital assets.

Impact on the Industry

If the coalition succeeds, the case might redefine the balance of power between state and federal authorities in overseeing digital assets. Attorneys general argue that the SEC’s interference disrupts states' abilities to enforce their own regulations.

Still worse, by attempting to shoehorn digital assets into ill-fitting federal securities laws and inapt disclosure regimes, the SEC is harming the very citizens it purports to protect.Attorney General Russell Coleman

This lawsuit marks an important moment in the ongoing debate over cryptocurrency regulation. Regardless of its outcome, it could significantly impact the future regulation and development of the industry.

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