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Senate Blocks CLARITY Act, Leaving Crypto Rules to Agencies

The failed cloture vote shifts urgent policy work to the SEC and CFTC and forces firms to decide how to operate under uncertain law.

Overview

  • The Senate failed to invoke cloture on the Digital Asset Market CLARITY Act in a 49–50 vote on Sept. 15, blocking debate and leaving the bill stalled in Congress.
  • Markets fell after the vote with major tokens dropping and large liquidations as investors reacted to the loss of a single federal framework for crypto oversight.
  • The SEC moved quickly to approve a temporary Innovation Exemption that allows qualifying venues to conduct onchain trading of tokenized U.S. stocks under set conditions, and the agency has signaled further rulemaking.
  • CFTC Chair Michael Selig said the commission is ready to use existing authority to pursue market-structure rules, creating a regulatory fallback that could be faster but easier to reverse or litigate than a law.
  • Industry voices split on the outcome: some see the setback as a short-term market shock, while others warn legal uncertainty will push firms toward custodial, permissioned or admin-key designs that reintroduce intermediaries.