The US doesn't force any of their institutions to do something out of their minds. So the SEC Chair, Gensler, isn't under any pressure at all. He could decide whatever he wanted. Since he personally hates Bitcoin, he is constantly delaying Bitcoin ETF approval. I believe Gensler still hasn't decided anything but wants to collaborate. The court hasn't forced him to approve ETF; the court just says there is no restriction if the SEC wants to approve it. So at all points, the Bitcoin ETF fully depends on SEC Chair Gensler. There are rumours that we may get ETF approval news very soon or this week. I wish it could happen.
There's a big difference between forcing something and there being pressure. Yeah no one can force Gensler to approve an ETF, but that doesn't mean there isn't a lot of pressure on him to approve it, because there is, and there has been for most of last year. For example, if SEC rejects the ETFs again now Grayscale will likely sue them because the court already threw out the SEC's bogus reasons for denying Grayscale last time. Other of these firms looking for an ETF approval may sue the SEC as well. So the legal pressure is already there and will likely get a lot more intense if Gensler blocks the ETFs. Also you just know that Gensler is going to be hauled in front of Congress again soon and get grilled mercilessly if he denies the ETFs again.
The political and court pressure is very real for Gensler. And he certainly knows it will get a lot more intense this year if he rejects the ETFs. That doesn't mean he will approve them, because no one can force him, but it does mean he is taking these things into account. While everyone knows he hates Bitcoin and doesn't want to do anything to help it grow in America and wants to see it die in America, given all the pressure on him, and all the pressure that would be on him if he rejects them again, he may be weighing the costs and decide its not worth it to delay the inevitable ETF that's gonna happen anyway in a few years once he is out of office, if the other option is being put under continuous intense pressure for the next 2.5 years of his job.
That's essentially the calculus going on that will decide if the ETFs get approved now. Does Gensler stick to his guns and greatly increase his troubles or does he just say screw it and allow the ETFs against his own personal desires in order to not be hounded by this for the next couple years. It's looking the past month or so more and more like the latter as the SEC is making sure all the applicants have everything perfect and ready to go in the applications and it seems market insiders think its like 80%-90% likely that the ETFs will get approved next week.
If Gensler does continue to stand as a single man against the entire US Bitcoin market, well, he's got a s**tstorm coming his way. Before last year there way no pressure on Gensler so he could reject all ETFs over and over, as the previous head of the SEC did as well, with whatever lame excuses he came up with. But this is a whole different environment since Congress started getting fed up with Gensler continuing to stand in the way of an entire market and since the SEC started losing the court cases they seemed so confident about.