- SEC confirms Ripple case focus is now on appeal, asks lower court to deny filing
- Regulator cites lack of district court jurisdiction during Second Circuit review
- Context: Upholding procedure keeps case on appeal track, preventing lower court lag
The ongoing Ripple vs. SEC legal case has clearly moved its focus to the appellate stage, as confirmed by the US regulator this week. The SEC asked District Judge Analisa Torres to reject an attempt by an outside party to introduce new evidence, arguing the lower court no longer has jurisdiction over the key matters under review.
SEC Cites Appellate Jurisdiction in Keener Filing Objection
In a letter to Judge Torres, the SEC requested the denial of an “emergency request to present decisive evidence.” This request originated from Justin W. Keener, reportedly an individual previously sued by the SEC on other matters.
The SEC argued Keener’s filing was improper procedurally and that the court lacks the authority to consider it now.
Upholding Procedure During Appeal
The SEC’s main point, filed April 8, is jurisdictional: the summary judgment and remedies aspects of the case are currently before the Second Circuit Court of Appeals. Citing legal standards, SEC counsel Benjamin Hanauer explained that an active appeal generally strips the district court of its power to rule on the appealed issues.
Allowing new evidence at the district level now, he argued, would deviate from standard court procedures while the appeal is pending.
The SEC also noted Keener had not followed the correct process to formally intervene as a nonparty wishing to submit material. Hanauer pointed out that Judge Torres had previously denied similar motions from other XRP supporters.
Context: By insisting the case now rests with the appellate court (Second Circuit) and blocking new evidence at the district level, the SEC’s procedural stance keeps the focus squarely on the appeal. This adherence to protocol prevents potential lower court delays, arguably streamlining the path toward a final resolution through the established appellate process.
Case Proceeds on Appeal Track
While the specific content of Keener’s proposed “decisive evidence” remains unknown, the SEC deemed addressing it unnecessary at this level, noting Ripple’s lawyers can manage their evidence strategy through appropriate appellate procedures if relevant.
The regulator’s filing firmly establishes the case is progressing through the appeal process, countering any recent speculation that the matter had been fully settled behind the scenes.
Related: Ripple Bets $1.25B That XRPL Can Handle TradFi Volume via Hidden Road
Crypto Lawyer Bill Morgan commented on the procedural aspect on X (formerly Twitter), calling the SEC’s filing “odd” based on his reading of the situation and Ripple’s prior communications. Nonetheless, the SEC’s action confirms the legal process is moving forward along the defined appellate path.
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