In a surprising twist, Judge Analisa Torres has approved the US Securities and Exchange Commission's (SEC) request to file an interlocutory appeal in the ongoing XRP vs SEC lawsuit. This comes after the July 13 ruling that declared XRP sales on secondary exchanges as not investment contracts.
The decision by Judge Torres has sparked speculation and raised new timelines in the legal battle. The SEC now has until August 18 to file its motion to oppose, while Ripple Labs Inc has until September 1 to file its opposition papers. The SEC will then have until September 8 to respond.
Judge Torres, known for her fair approach, has given all parties strict instructions to adhere to the defined timelines. While the ruling favored the SEC in terms of XRP offerings to institutional investors, it did not consider tokens acquired on secondary marketplaces as investment contracts.
The SEC's decision to appeal remains unclear, as Ripple Labs argues that the regulator has no legal basis to question the ruling. Pro-crypto lawyers argue that the granted appeal request does not necessarily indicate a win for the SEC, but rather an opportunity for Judge Torres to further clarify her position on the law.
For now, exchanges that have relisted XRP can continue trading the coin, as the ruling still stands that XRP trading on exchanges is not considered a security. The outcome of the appeal will be closely watched by industry stakeholders as it could have significant implications for the future of XRP and its classification.
