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Post-Narrative Institutionalization vs. Regulatory Enforcement

The Breakdown

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The SEC Rejection of a Spot Bitcoin ETF

Wisdom Tree has filed its opening brief in its lawsuit against the SEC overrejection of its application for a spot Bitcoin ETF. Greyscale Chief legal officer Craig Somme explained that it is a distinction without a difference in the context of Bitcoin because CME Bitcoin futures themselves are priced under the spot Bitcoin market. The filing argues that the SEC applied special harshness based on the SEC's opinion about Bitcoin's merits as compared to other types of investments and ultimately called the decision to reject Greyscale's application arbitrary, capricious and discriminatory.

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