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Crypto firms have been using the “major questions” doctrine to defends themselves against the enforcement actions of the regulations. However, it has its own flaws in place. Over the last year, multiple firms in the crypto space have engaged with regulators on different issues. These companies have been boldly questioning
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Further, in a novel interpretation that has ruffled some feathers, the SEC said thus far the “major questions” doctrine has only applied to strike down “novel regulatory forays,” and most significantly, novel regulatory forays into areas of major “economic and political significance.” Coinbase, the SEC said, “does not have the
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Crypto firms are using the major questions doctrine as a way to fend off regulators, Jason Gottlieb, a partner at Morrison Cohen LLP, said. Source
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