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Coinbase asks to file an amicus brief to back Ripple's case against the US SEC, which sued Ripple in 2020 for selling XRP as an allegedly unregistered security

Nikhilesh De / CoinDesk :

CoinDesk Nikhilesh De

Context & Ripple Effects

Coinbase’s effort to support Ripple is an early procedural move in what later became a broader fight with the SEC over whether crypto trading falls within securities regulation. Subsequent coverage shows Coinbase pairing court strategy with a petition demanding clearer crypto rules and, later, a motion arguing the SEC exceeded its authority in its own case.

The filing also fits Coinbase’s subsequent use of third-party briefs in crypto-related SEC litigation, an approach covered as an unusual federal-court strategy tied to its own regulatory defense.

First-order effects

  • Ripple gains a prospective ally offering Coinbase’s exchange-market perspective in the SEC’s XRP case, subject to the court allowing the amicus filing.
  • The SEC must confront a more coordinated challenge to its allegation that Ripple’s XRP sales were unregistered securities.

Second-order effects

  • Coinbase’s support for Ripple helps develop arguments about crypto transactions that it can also advance in its own dispute with the SEC.
  • Other crypto companies facing SEC scrutiny have a clearer incentive to use amicus briefs and coordinated court filings rather than litigate classification questions in isolation.

Third-order effects

  • The dispute points toward crypto regulation being shaped partly through overlapping enforcement cases, with exchanges and token issuers jointly contesting the SEC’s claimed reach in federal court.
  • If courts continue to receive these industry-backed arguments, the boundary between exchange activity and securities trading will be tested case by case rather than settled solely through agency enforcement.

The trend: Crypto firms are increasingly using coordinated litigation, petitions, and amicus briefs to press for judicial limits and clearer rules on the SEC’s authority.

Discussion

  • NullTX Paul Brabus on x
    Cryptocurrencies Move Sideways Following Last Week's Bullish Run
  • @iampaulgrewal @iampaulgrewal on x
    Earlier today, @coinbase asked Judge Torres for permission to file an amicus brief in the SEC case over XRP. Our point in pretty simple: this is a textbook case of just how critical fair notice is any reasonable notice of due process under law. 1/3 https://twitter.com/...
  • @iampaulgrewal @iampaulgrewal on x
    One of the fundamental due process protections guaranteed by our Constitution is that government agencies cannot condemn conduct as a violation of law without providing fair notice that the conduct is illegal. 2/3
  • @wyatt_privilege @wyatt_privilege on x
    Our point in pretty simple: this is a textbook case of just how critical fair notice is any reasonable notice of due process under law. https://twitter.com/...