I wonder which side it was back in December when this suit was filed:
https://www.sec.gov/news/press-release/2020-338
Trying to control the cryptocurrency market isn't about a side, its both sides because they see it as a threat.
Also, if you read that lawsuit in detail, the SEC is suing Ripple Labs because they claim XRP is a unregistered security. This was the same federal government who sued Ripple Labs in 2015 for selling an unregistered currency.
https://www.fincen.gov/news/news-releases/fincen-fines-ripple-labs-inc-first-civil-enforcement-action-against-virtual
Since you can only be either a currency or a security... leave it up to our government to sue the same company claiming their product is both.