Share this article

Coinbase Lawyers Argue Biden Student Loans Ruling Aids Defense Against SEC

Asserting powers over the $1 trillion crypto industry would be of major significance, just like canceling student debt was, the exchange’s lawyers argue.

jwp-player-placeholder

A recent U.S. Supreme Court judgment on student debt cancellation aids Coinbase’s fight against charges of operating an unregistered securities venue, lawyers for the crypto exchange argued in a Wednesday legal filing.

On June 6, the Securities and Exchange Commission charged Coinbase with breaching federal securities law. The exchange says the lawsuit is a bid by the regulator to exert “extraordinary wholesale power” over the $1 trillion digital asset industry and represents a breach of powers of the kind judges recently ruled unlawful.

STORY CONTINUES BELOW
Don't miss another story.Subscribe to the State of Crypto Newsletter today. See all newsletters

It's referring to a Supreme Court ruling on June 30, just days after Coinbase sent its opening defense, that the Secretary of Education had overstepped his authority by canceling around $430 billion in student debt, reinforcing a legal doctrine that says that government agencies need clear support from Congress if taking a decision of major economic or political significance.

Coinbase says that “closely analogous” case, cited as Biden v. Nebraska, will have a bearing on its own, because lawmakers still haven’t set out clear rules for crypto.

“Far from granting the ‘clear congressional authorization’ required for the SEC to exercise such authority, Congress has expressly recognized that it has not yet delegated such regulatory authority and is actively considering regulatory structures for the digital asset industry,” said Coinbase’s filing.

U.S. lawmakers are considering a range of digital asset laws, including a recently revived bipartisan bill by Senators Cynthia Lummis (R-Wyo.) and Kirsten Gillibrand (D-N.Y.) which favors giving authority to the Commodity Futures Trading Commission (CFTC) rather than the SEC.

The SEC has argued that digital assets including the tokens tied to Solana

, Cardano , and Polygon constitute regulated securities, and that the Coinbase knew it was violating the law by failing to register its activities. The regulator has also made similar allegations against rivals Binance and Bittrex. All three companies have denied the charges, arguing the regulator has no jurisdiction.

The parties meet later Thursday for a preliminary hearing in a New York courtroom in a trial that could potentially drag on for years. In a separate case, Coinbase recently scored a Supreme Court victory when judges ruled that a lawsuit taken against the exchange by a user couldn’t proceed until after an appeal.

Read more: Coinbase Goes to Court Against the SEC

Jack Schickler

Jack Schickler was a CoinDesk reporter focused on crypto regulations, based in Brussels, Belgium. He previously wrote about financial regulation for news site MLex, before which he was a speechwriter and policy analyst at the European Commission and the U.K. Treasury. He doesn’t own any crypto.

CoinDesk News Image

More For You

Crypto Industry Asks President Trump to Stop JPMorgan’s 'Punitive Tax' on Data Access

JPMorgan CEO Jamie Dimon

A coalition of fintech and crypto trade groups is urging the White House to defend open banking and stop JPMorgan from charging fees to access customer data.

What to know:

  • Ten major fintech and crypto trade associations have urged President Trump to stop big banks from imposing fees that could hinder innovation and competition.
  • JPMorgan's plan to charge for access to consumer banking data may debank millions and threaten the adoption of stablecoins and self-custody wallets.
  • The CFPB's open banking rule, which mandates free consumer access to bank data, is under threat as banks have sued to block it, and the CFPB has requested its vacatur.