Ripple Labs' lawyers wrote to Judge Analisa Torres opposing the SEC's move to seek an intermediate appeal of the summary judgment last week. The letter stated, "Due to its failure to fulfill its obligation to provide facts to support the SEC's claim that Howey covers all of the digital assets XRP allocated to defendants, the SEC has now changed its stance and is eager to appeal its claimed content. This is a pure 'legal issue' that affects all other digital asset cases."

Ripple Labs argued that the SEC did not meet the standard required to advance the intermediate appeal and did not have enough evidence to prove "substantial reasons for dissent."