Hacker News new | ask | show | jobs
by shrimpx 1078 days ago
The SEC should've left crypto alone. Instead of crypto getting destroyed by the SEC, now it looks like the SEC might get destroyed by the judicial branch if they choose to go up the chain with this case. This SCOTUS is massively unfavorable toward the executive making up rules to enforce, or taking liberties with interpreting standing law. If it gets there I imagine a 6-3 Alito opinion gutting the SEC's wiggle room in defining a 'security' and enforcement reach.
1 comments

And with the deep pockets of the crypto puppet masters and all the evidence coming out about the Justice’s susceptibility to taking as many “gifts” as they can get their hands on, that just further solidifies the pre-determined outcome.
The US has a standing doctrine called 'delegation', where the executive is allowed to make up rules and enforce them. The Federalist Society finds that doctrine to be unconstitutional and wants to chip away at it. All 6 conservative justices have ties to the Federalist Society, so it really doesn't require any lavish gifts in this case.
Even the doctrine of delegation has limits, and most of the executive branch isn't elected, so the only real check on their power is the judiciary.

Congress (whichever half shares the party with the presidency) loves delegation, because it means they aren't to blame when people don't like the results- they don't even have to take a position by voting!