What I meant by "ignoring," he'll delay things and file appeals, just like he did in the case against Ripple. The SEC lost in court, but did not agree with the verdict and planned to file an appeal.
After losing the Grayscale case on Aug 29, the SEC still did not approve any ETFs in September. They also have 45 days to file an appeal so that would make something like Oct 14 the deadline for that and that's almost exactly the date of their second ETF deadline.
Coindesk cited Gabriel Shapiro from Delphi Labs who said: "Every time they lose in court they just shamelessly say the judge got it wrong and pursue more shenanigans."
I predict that Gensler will file an appeal in the Grayscale case and if he loses that, he'll attack the futures to buy time because the whole case is based on the fact that the SEC allowed futures and doesn't want to allow spot citing market manipulation, but it's the same spot price that decides the price of both futures and spot ETFs. I don't think that after so many years he'll be able to cancel futures ETF, as this would open the SEC to a lot of civil cases, but if Gensler finds out he'll be forced to vacate the chair in a few months, he could make that last suicidal attempt and cancel futures for a while and delay spot ETF this way.
Why is Gensler doing this if there are no arguments?
You can answer this by watching the latest interview with him (I think it was by Bloomberg).
He doesn't even directly answer the question when asked about ETFs. He talks about crypto and how many people were hurt by altcoin scams and how they want to protect people, but the question was about bitcoin. The same bitcoin the SEC called a commodity.
There's an interview with Mike Belshe from BitGo who said the SEC's decisions about bitcoin are political and have nothing to do with existing laws. They interpret the laws however they want and he mentions senator Elizabeth Warren who is probably pulling the strings.
You could say she's attacking bitcoin because it's used for giving bribes and laundering money, but you don't need bitcoin for that and her colleague from the same party can tell us a thing or two about that.
https://decrypt.co/198398/bitcoin-critic-senator-menendez-corruption-briberyU.S. Senator and Bitcoin skeptic Robert Menendez (D-N.J.) has been charged with bribery after allegedly accepting swaths of gold, cash, and mortgage payments as part of a “corrupt relationship” with three businessmen in his home state.
"I don't like crypto because it's dirty money, but if you want something done, I'll gladly take some cash." -Robert Menendez