News · Cointelegraph

Can the SEC and CFTC’s pro-crypto rules be overturned? Legal opinion

After the Senate's failed CLARITY cloture vote, the SEC and CFTC issued their own pro-crypto rules, including a five-year exemption allowing stock tokens to be issued and traded. Critics warn that agency rules are easier to rescind, a concern heightened by the Trump-appointed commissioners' reversal of Gary Gensler-era policies and by the 2024 Loper Bright ruling, which overturned Chevron and means courts need not defer to agency interpretations. Yuriy Brisov of D&A Partners argues that agencies have rulemaking power under the Exchange Act of 1934, but rules that impose unbearable burdens can be challenged in court, as in Business Roundtable v. SEC in 2011. The article also notes that a community bank group is suing the OCC for allowing crypto firms to obtain national trust bank charters.

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BTC/USDT

• Neutral

Bitcoin

Relevance: low

MarketCrypto
ExchangeBinance
SectorLayer 1
Market cap$1.6T
Close on 10/14/202681,682.01
Change that session-1.79%
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ETH/USDT

• Neutral

Ethereum

Relevance: low

MarketCrypto
ExchangeBinance
SectorLayer 1
Market cap$294.2B
Close on 10/14/20262,421.60
Change that session-3.06%
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Impact is scored by AI from the headline and may be wrong. It is not investment advice.

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