What could happen if the CLARITY Act fails to pass in 2026 — SkimNews
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- Senator John Thune scheduled a cloture vote on the CLARITY Act for Tuesday, requiring 60 votes to overcome a filibuster.
- The US Senate has less than 36 business days remaining in the session if the bill fails Tuesday, with a new Congress sworn in 2027.
- Senator Cynthia Lummis, one of CLARITY's biggest supporters, warned on Sept. 6 the bill's next real opportunity might not come until 2030; she is not seeking reelection in 2026.
- November's midterm elections will decide control of all 435 House seats and 33 Senate seats, with prediction markets favoring Democrats in the House and showing a coin flip for the Senate.
- Fairshake PAC, backed by Coinbase and Ripple Labs, spent roughly $189,000 on ads supporting Rep. Jake Auchincloss, who voted for the CLARITY Act.
- SEC Chair Paul Atkins and CFTC nominee Michael Selig have signaled plans to pursue digital asset regulation even if Congress fails to pass CLARITY this year.
- The White House stays under Republican control until January 2029, meaning any Democrat-backed crypto bill would need a two-thirds supermajority in both chambers to override a presidential veto.
Why it matters: If CLARITY fails Tuesday, crypto market structure legislation could be remade or scrapped under a potentially Democrat-controlled 2027 Congress — pushing the industry's top legislative priority years out. Meanwhile, Atkins and Selig are already positioned to regulate digital assets unilaterally, meaning regulators may act regardless of what happens on Capitol Hill.
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