Circuit Judges Jones, Willett, and Engelhardt in the United States Court of Appeals for the Fifth Circuit have struck down the administrative state's sanction of TornadoCash.
"Contrary to the Department’s arguments, the immutable smart contracts are not services. So even when we consider OFAC’s regulatory definitions, the immutable smart contracts are not property because they are not ownable, not contracts, and not services. "
"We decline the Department’s invitation to judicial lawmaking—revising Congress’s handiwork under the guise of interpreting it. Legislating is Congress’s job—and Congress’s alone. Accordingly, we REVERSE and REMAND to the district court with instructions to grant Van Loon’s partial motion for summary judgment based on the Administrative Procedure Act."
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