U.S. Court of Appeals Orders SEC to Review Grayscale's Bitcoin ETF Application: A Potential Game-Changer for Cryptocurrency Market

In a highly anticipated order, the U.S. Court of Appeals has directed the Securities and Exchange Commission (SEC) to review Grayscale's spot Bitcoin ETF application. This order follows a judgment in August 2023, in which the court agreed with Grayscale's argument that the SEC's refusal to allow its Grayscale Bitcoin Trust (GBTC) to convert into a spot Bitcoin ETF was "arbitrary and capricious."

The Court's Mandate

In a filing on Monday, Court of Appeals Clerk Mark Langer stated that the order is the formal mandate of the court. This mandate stems from Grayscale's lawsuit against the SEC last year, in which the firm challenged the agency's decision.

SEC's Silence and the Inevitable Reassessment

After the court's ruling, the SEC had 45 days to appeal the case. However, as its deadline passed earlier this month, the SEC remained silent. Consequently, a court order for the SEC to reassess Grayscale's application became unavoidable, and it has now been issued.

SEC's Options and Counterarguments

While the SEC still has the power to deny Grayscale's application, it would need to find a new reason unrelated to its previous justification. The agency had previously argued that the futures Bitcoin market was not closely connected enough to the spot market. However, other Bitcoin ETF applicants, like Bitwise, have presented counterarguments should the agency choose to pursue a similar pathway again.

Commissioner's "Mystification"

Although SEC representatives have chosen not to comment directly on the case, SEC commissioner Hester Peirce expressed her bewilderment on Monday regarding the agency's failure to approve a spot Bitcoin ETF thus far. Her comments highlight the growing confidence that Grayscale will eventually succeed in its application.

Implications for Grayscale Bitcoin Trust

The Grayscale Bitcoin Trust (GBTC) is currently the largest Bitcoin fund in the world. However, its shares cannot be directly redeemed for BTC until a conversion into a spot Bitcoin ETF is approved. Despite this limitation, GBTC shares have seen a significant increase of 33% in value over the past month, reflecting the optimism surrounding the company's eventual success.