Josh A Katz

Hi Lizzy, can I call you Lizzy? As a law professor, and a senator serving on the Banking Committee, one would hope you know how this works. While the SEC as a rulemaking organization may provide its guidance and interpretations of the law, it does not set or decide that law. The binding interpretation of law in this country is, and always shall be, with the judiciary. The SEC did not get “the law” wrong. Because the SEC was not the one who decide the law here. That was the DC circuit Court of Appeals, where a three-judge panel **unanimously** that the SEC’s denials of these ETFs was “arbitrarily and capriciously” a violation of the Administrative Procedures Act. You may not like the policy, or the asset and that’s fine. But no one “got the law wrong” here. You as a Senator, have the ability to change that law, and you have failed to do so, because a majority of elected officials have disagreed with your pro-banking, parental police state legislation of preventing the American people from choosing their own assets. You’re allowed to suggest the policy is wrong, or you think Bitcoin is risky, or, admit the truth and say you just don’t understand it all and it’s scary. But to have the audacity to suggest, that the DC Circuit Court of Appeals views matter less than your own when it comes down to what the law is, is an outrageous thing for a Senator to say. It’s nothing short of an insult to the Commonwealth of Massachusetts, to have a Senator who has such little respect for the rule of law, and so little respect for her own constituents, that she feels the need to babysit their finances. I look forward to supporting your next primary opponent whom ever they may be.