Should the SEC wish to challenge the federal judge’s conclusions in the Grayscale decision, the company’s application could simply be denied again for a different (or even an analogous) reason. That course of action becomes problematic quickly. The last thing any lawyer wants to do is upset a federal judge. That is a terrible idea, if the aim to quash the U.S. spot bitcoin ETF market before it begins.
Source: https://www.coindesk.com/consensus-magazine/2023/09/05/stop-thinking-about-wins-or-losses-in-the-bitcoin-etf-debate/?utm_medium=referral&utm_source=rss&utm_campaign=headlines