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Morrison v. DSC — Supreme Court State v. Harrington — 9th Circuit In re: Quantum Patents — Fed. Circuit Chen v. Metro Transit Auth. — S.D.N.Y. Williams Estate v. IRS — Tax Court

Live Transcript: Morrison v. Digital Securities Commission

CHIEF JUSTICE WARREN 10:03 AM

We will hear argument this morning in Case 24-1187, Morrison versus the Digital Securities Commission. Mr. Alderman, you may proceed.

MR. ALDERMAN 10:04 AM

Thank you, Chief Justice, and may it please the Court. This case presents a fundamental question about the reach of federal regulatory power in an age of decentralized technology. The Commission has asserted jurisdiction over platforms that have no central operator, no corporate headquarters, and no identifiable issuer of securities. Our position is straightforward: you cannot regulate what you cannot define, and the Commission's attempts to shoehorn decentralized protocols into a regulatory framework designed for centralized institutions represents an unprecedented expansion of administrative authority.

JUSTICE REYNOLDS 10:06 AM

Counsel, isn't that precisely the argument that was made about electronic trading platforms in the 1990s? The technology was new, the framework was old, and yet the Commission adapted.

MR. ALDERMAN 10:07 AM

With respect, Justice Reynolds, that analogy fails at the threshold. Electronic trading platforms had identifiable operators, registered broker-dealers, and centralized order books. The protocols at issue here have none of those characteristics. They are autonomous software executing on distributed networks. Regulating them is akin to regulating the weather — one can observe it, but one cannot serve it with a subpoena.

JUSTICE OKONKWO 10:08 AM

But someone wrote that software, Mr. Alderman. Someone deployed it. Are you suggesting that the act of creating a financial instrument and releasing it into the wild absolves one of all regulatory obligation?

COURT CALENDAR

Morrison v. Digital Securities Commission

Supreme Court of the United States

Oral Argument in Progress

State v. Harrington

9th Circuit Court of Appeals

Cross-Examination — Witness 4

In re: Quantum Patent Portfolio

Federal Circuit

Recess — Resumes 2:00 PM

Chen v. Metropolitan Transit Authority

S.D.N.Y.

Opening Statements

Williams Estate v. Internal Revenue Service

United States Tax Court

Adjourned — Ruling Pending

United States v. Bellweather Systems

D.D.C.

Government’s Closing Argument

Nakamura v. Pacific Genetics Corp.

N.D. Cal.

Recess — Jury Deliberation

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Morrison v. DSC — Oral Argument Ongoing • Supreme Court State v. Harrington — Motion to Suppress Denied • 9th Circuit Bellweather Systems — Guilty on All Counts • D.D.C. Williams Estate v. IRS — Petitioner Prevails • Tax Court Chen v. Metro Transit — Class Certified • S.D.N.Y. In re: Quantum Patents — Claims Revived on Appeal • Fed. Circuit United States v. Cortland — Acquitted • E.D. Va. Doe v. Board of Education — Summary Judgment Granted • 7th Circuit
Morrison v. DSC — Oral Argument Ongoing • Supreme Court State v. Harrington — Motion to Suppress Denied • 9th Circuit Bellweather Systems — Guilty on All Counts • D.D.C. Williams Estate v. IRS — Petitioner Prevails • Tax Court Chen v. Metro Transit — Class Certified • S.D.N.Y. In re: Quantum Patents — Claims Revived on Appeal • Fed. Circuit United States v. Cortland — Acquitted • E.D. Va. Doe v. Board of Education — Summary Judgment Granted • 7th Circuit