The incessant legal battle between Ripple $2 and the U.S. Securities and Exchange Commission (SEC) saw a new twist as Judge Analisa Torres’s recent ruling raised the stakes once again. The judge dismissed the parties’ request for a “summary judgment,” indicating that even if jurisdiction were returned, it would still be rejected for the same reasons. Many in the altcoin‘s community believe it is almost impossible for the SEC to reverse the ruling that XRP’s public sales are not securities. This decision, favoring Ripple, remains valid, leaving the regulatory body at risk of losing face with every passing day.
The Procedural Debate Behind the Ruling
The SEC had initially based its stance on the ruling that Ripple’s sales to institutional investors were unregistered securities, leading to a $125 million penalty. However, Judge Torres’s clear statement that “programmatic” open market sales do not qualify as securities has cornered the SEC.
According to legal expert Marc Fagel, the regulatory body needs more than just political pressure to convincingly argue the court’s mistake. The same court did not force the company to drastically change its business model, only imposing a limited sanction on institutional sales. This scenario complicates the SEC’s arguments while strengthening Ripple’s hand in the appeal.
Ripple’s Chief Legal Officer Stuart Alderoty emphasized that Judge Torres’s new denial did not alter XRP’s legal status. Alderoty pointed out that the process is entirely procedural, with both the company and the SEC showing a shared intent to resolve the case finally. Yet, as the process drags on, market dynamics are shifting, particularly among individual investors and institutional funds behaving cautiously due to uncertainty. This ambiguity could set a precedent for other crypto projects, potentially causing widespread regulatory consequences.
Expectations and Risks Within the Ripple Community
Attorney John Deaton, involved in the case, reiterated that the SEC has no room to backtrack without admitting clear mistakes. Representing tens of thousands of XRP holders, Deaton stated, “At this point, shifting gears would only harm the SEC.” While the court’s decision that “XRP is not a security” is binding for individual sales, the SEC’s attempt to create new arguments diminishes its credibility. Despite a legal victory, Ripple must navigate cautiously in the institutional market, as the gray area around institutional sales might expose the company to new sanctions.
Across the crypto market, the prolonged case underscores the perception of ongoing regulatory ambiguity. Particularly, exchanges and payment companies outside the U.S. may defer their decisions on listing and integrating XRP coin. This delay limits XRP’s trading volume, paving the way for its price to lose momentum against rival projects. Moreover, the SEC’s approach in similar cases could indirectly pressure Ethereum $2,553 or other major cryptocurrencies. Without clear regulatory signals, investors refrain from taking long positions, increasing market volatility due to short-term speculation.