The SEC is in a tough position. It has a mandate to protect investors. The judge issued her decision because it protected investors. That is what she stated. If the short position does exist, the SEC has an obligation to protect those investors. They cannot do both. Someone has to lose. Since the naked short position is illegal, my guess the SEC will uphold the initial decision by the judge that no penalty is appropriate. That should be the final decision. If the short position does not exist, the decision may be a hybrid, maybe no revocation, but sanctions and or suspension.