The US Supreme Court’s 6-3 decision, which expanded President Donald Trump’s authority to remove the heads of independent federal agencies, has created new uncertainty regarding cryptocurrency regulation.
The decision is being closely watched, particularly by the Securities and Exchange Commission (SEC) and the Commodity Futures Commission (CFTC), both of which are working on new rules for the digital asset market. Both agencies normally operate with a bipartisan commission structure. However, while Michael Selig is currently the only Chair of the CFTC, all three SEC commissioners are Republicans.
A former institutional official described the decision as “regrettable,” saying that reducing the number of commission members could weaken the quality of internal discussions and debates. According to the official, decisions made with fewer participants are more easily targeted in the future due to insufficient discussion. Rules passed by bipartisan commissions are generally considered to be more enduring and more resilient to political shifts.
However, a former CFTC official stated that, legally speaking, if the rule-making process is conducted in accordance with the Administrative Procedure Act, the regulations would have full legal force regardless of how many commissioners voted in favor. According to the official, a single-member or small-capacity structure could speed up decision-making processes; however, a lack of consensus and internal oversight could lead to more errors.
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Another important aspect of the decision for the crypto sector is the risk of political cyclical change. The favorable conditions for the sector under the Trump administration could reverse under a different administration in the future. Tyler Gellasch, CEO of the Healthy Markets Association, stated that politics is cyclical, and that the stronger the support the sector enjoys today, the higher the likelihood of facing equally strong political obstacles in the future.
Therefore, the decision is significant not only in terms of the current administration’s crypto-friendly policies, but also in terms of the possibility that an anti-crypto administration might use the same authority in the future. In such a scenario, dissenting voices in independent institutions could be more easily suppressed, and public oversight mechanisms could be weakened.
Meanwhile, Congress is considering a comprehensive bill that would define the division of authority between the SEC and the CFTC in the digital asset market. Some lawmakers are calling on the Trump administration to appoint more commissioners to the CFTC to ensure the process proceeds smoothly. This step, they argue, could both strengthen the legitimacy of crypto regulations and restore internal balance within the institution.
*This is not investment advice.
