According to the recent SEC filing you all know, ETH is now a commodity -
highlight: according to the SECIs there still a chance that some other force (e.g. congress) will overthrow SEC's right to make this decision?
(Source: SEC mentions ETF funds as Commodity-Based Trust Shares:
https://www.sec.gov/files/tm/lk87adfs99.pdf )
I think there are still other forces like Congress that can change this decision. As we know, Congress has the ability to pass a rule or even transfer regulatory authority from the SEC to another body. However, whether Congress wants to handle it or not.