Coinbase, SEC present case to appeals court in petition for rulemaking case 

Coinbase’s team told a three-judge panel on Monday that the SEC has failed to provide a path for actors in the digital asset space

article-image

Coinbase and Adobe stock modified by Blockworks

share

In its continued effort to force the Securities and Exchange Commission to make new rules for the cryptocurrency industry, Coinbase faced off with the regulator in federal court Monday. 

Coinbase sued the SEC after its petition for rulemaking was denied. The case has now progressed to the US Court of Appeals for the Third Circuit. 

Coinbase’s team told a three-judge panel on Monday that the SEC has failed to provide a path for actors in the digital asset space, despite frequently telling companies to just “come in and register.” 

Read more: Coinbase moves forward with appeal of SEC’s rulemaking petition denial 

“[The SEC] refuses to provide a reasonable explanation for its barebones denial, yet it has wielded its purported authority to engage in an arbitrary enforcement campaign against our industry,” Paul Grewal, Coinbase’s chief legal officer, wrote on X following Monday’s hearing. 

The SEC argued that just because Coinbase doesn’t like the rules does not make them above the law, nor is the SEC obligated to create a new framework. 

“Rather than initiate new rulemaking, [SEC] Chair Gensler has repeatedly stated through speeches and testimony that the vast majority of digital tokens are securities, and has asked issuers and exchanges that offer, sell, and trade them to come in and register,” Grewal wrote in the 2022 petition

Read more: Disappointed but not surprised: Industry reacts to SEC’s Coinbase denial 

The petition was denied because existing laws and regulations already apply to digital assets, Chair Gary Gensler said in December 2023. 

Monday’s oral arguments come as Coinbase and the SEC continue a separate legal battle. The regulator in June 2023 sued Coinbase for allegedly operating as an unregistered broker, exchange and clearing agency. 

The SEC claimed 13 cryptocurrencies available on Coinbase are securities: SOL, ADA, MATIC, FIL, SAND, AXS, CHZ, FLOW, ICP, NEAR, VGX, DASH and NEXO. The case is now in discovery.


Get the news in your inbox. Explore Blockworks newsletters:

Tags

Decoding crypto and the markets. Daily, with Byron Gilliam.

Upcoming Events

Hilton Park Lane

Tues - Wed, November 10 - 11, 2026

DAS London is a two-day summit at the Hilton Park Lane in London featuring conversations between the builders, allocators, and policy makers who are shaping the trajectory of the digital asset ecosystem in the UK, Europe, and North America.

Marina Bay Sands Singapore

Wednesday, October 07, 2026

DAS Asia is a a single-day summit at Marina Bay Sands Singapore featuring conversations between the builders, investors, and global leaders are shaping the trajectory of the digital asset ecosystem in Asia & North America.

recent research

Black Generic.png

Research

Compute demand is two-sided, the precondition for any hedging market. Producers (neoclouds and independent data centers) fear their inventory clears below cost. Consumers (inference platforms and the agentic application layer) fear compute will get more expensive. The common read holds that nonfungibility keeps both off any general exchange, since a buyer wants a named SKU in a named region rather than a basket, so the trade stays bilateral and the only exchange users are dealers hedging their book. That describes launch conditions, but understates how commodity markets form. Canonical benchmarks get made through trading, and reservations standardize as the curve deepens. The dealer-intermediated structure is not the end state, it is the seed of one.

Newsletter

The Breakdown

Decoding crypto and the markets. Daily, with Byron Gilliam.

Blockworks Research

Unlock crypto's most powerful research platform.

Our research packs a punch and gives you actionable takeaways for each topic.

SubscribeGet in touch

Blockworks Inc.

133 W 19th St., New York, NY 10011

Blockworks Network

NewsPodcastsNewslettersEventsRoundtablesAnalytics