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How the Clarity Act’s Defeat Handed the SEC and CFTC the Wheel on Crypto

admin by admin
September 22, 2026
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How the Clarity Act’s Defeat Handed the SEC and CFTC the Wheel on Crypto

Washington witnessed a bruising week for cryptocurrency policy as the Senate failed to advance the landmark Clarity Act in a narrow 49-50 vote. The collapse of the bill followed months of grueling bipartisan negotiations, ending in a deadlock where Democrats voted as a bloc against the measure, aided by three Republicans. While Senator Thom Tillis performed a strategic late switch to no to leave the door open for future attempts, the result effectively stalled legislative progress and ignited a flurry of accusations between party leaders.

Republicans accused Democrats of playing games with consumer protection, while Democratic staffers suggested that GOP leadership rushed the vote to shield political interests associated with Donald Trump. Despite the drama, several key Democrats insisted that the effort is merely facing a setback rather than total defeat, arguing that with millions of Americans invested in digital assets, federal regulation remains an absolute necessity. However, these promises of eventual legislation are doing little to soothe an industry exhausted by congressional gridlock.

As political will falters on Capitol Hill, the center of gravity has shifted toward federal regulators who are now stepping into the vacuum. Industry insiders, including Kristin Smith of the Solana Policy Institute, suggest that seeking guidance from agencies is currently a far more viable path than waiting for lawmakers to find common ground. This pivot is already manifesting in real time through actions taken by the Securities and Exchange Commission and the Commodity Futures Trading Commission.

The regulatory response has been swift following the Senate’s failure. SEC Chair Paul Atkins explicitly linked his agency’s new innovation exemption for tokenized stocks to the lack of legislative progress, providing a sudden win for developers wanting to bring traditional securities onchain. Simultaneously, the CFTC has moved forward with no-action relief for software providers and submitted a broad crypto rulemaking proposal to the White House. For an industry desperate for stability, clarity is finally arriving, but it is coming via administrative mandates rather than democratic lawmaking.

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Bitcoin hits highest level since January at $86,000, as the market debates whether the ‘crypto winter’ is over

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