The future of digital asset regulation is being written right now and we can all hope collaboration carries the day. But for those who believe that peace is best achieved through strength, contingent battle plans must be readied. And that means understanding the legal terrain on which any conflict would unfold. For now, opponents of regulatory overreach hold the high ground.
Over several years and three Supreme Court Justices, the law of federal regulation has changed dramatically and for the better. In a series of decisions about everything from veterans benefits to a nationwide eviction moratorium, the Supreme Court has curtailed the power of federal regulators in major ways. Here are two: