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Politics

CLARITY Act Fails in the Senate

Avery Collins
Last updated: September 16, 2026 2:18 pm
Avery Collins
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The ironically named CLARITY Act (officially the Digital Asset Market Clarity Act) — a sprawling cryptocurrency regulation bill designed to establish a federal framework for the digital asset market — failed to advance in a key Senate procedural vote yesterday. The bill passed in the House in July 2025. However, in what was deemed a “bitter disappointment for crypto executives,” it lost 50-49 in the Senate, well short of the 60 votes required. Senator Thom Tillis (R-NC) changed his vote to No at the last minute, due to filling in for absent Majority Leader John Thune (R-SD). In doing so, given the procedural nature of the vote, Thune and the Republicans will have the opportunity to reconsider the bill at a later date.

Though bank lobbying efforts and concerns regarding traditional cash deposits being rerouted to crypto presented likely roadblocks for legislators, the focal point of hesitation (under public scrutiny) was Donald Trump’s outrageous profits from the nebulous currency.

Ahead of the Senate vote, the White House released new ethics language intended to address concerns about presidential conflicts of interest. Its language, however, contained significant loopholes and failed to address the core, glaring conflicts of interest that the bill represented. The preemptive text was cast as “another instance of the Trump lawyers effectively creating a ‘heads I win, tails you lose’ situation for the president,” by Virginia Canter, anti-corruption chief counsel and director of Democracy Defenders Action (DDA). “Trump profits while the American public is left to wonder whether the cryptocurrency regulatory system is there to protect them or the monied interests of industry players like Trump’s family and Steven Witkoff’s sons.”

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Had the bill passed into law, it would have created a permanent federal regulatory framework for crypto (and other digital assets) in the US. It was intended to be a “game changer” for the widely misunderstood currency, the industry that created it, and the president who has profited from its growing popularity.

Though the Senate’s rejection of the CLARITY bill merits a sigh of relief, it will very likely resurface — as the legislation’s passage could offer a cloak of legitimacy to Trump and his minions’ substantial crypto holdings.

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It is as notable as it is regrettable that only four Republican Senators (Collins of Maine, Moran of Kansas, Hawley of Missouri, and Tillis in his role as proxy) voted No.

American voters, in this pivotal moment, need to be reminded of such instances — when members of Congress have revealed a semblance of a spine or a well-tuned moral compass. Which is partially why, just today, Democracy Defenders Action launched the Stop Corruption Now Scorecard, a dynamic resource to track votes on key anti-corruption and democracy-related measures. The scorecard tallies both House and Senate members’ positions on key pieces of legislation, particularly those regarding public corruption, preserving the rule of law, and protecting free and fair elections.

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“Over the past two years, Congress has overwhelmingly failed in its constitutional duties as a coequal branch of government,” said Canter. The new tool underscores a shocking abdication of responsibility, such as the fact that this majority has held NO oversight hearings to address President Trump’s myriad conflicts of interest, while he relentlessly pursues an agenda that enriches the wealthy and undermines the rule of law.

Even with control across all three branches, with an executive eager to wield his Sharpie based on little other than whims, gossip, or grievances, under the 119th Congress an embarrassing 2% of bills have become law (among the lowest for any Congress in the last 50 years). Looking ahead to our fast-approaching potential shift in power, Canter urges:

The 120th Congress must reassert its authority as a coequal branch of government and serve as a check on President Trump’s vast conflicts of interest and abuses of power by adopting an anti-corruption and pro-democracy platform before it’s too late.

Among the legislation included in the scorecard are the Restore Trust in Government Act, the Epstein Files Transparency Act, the Safeguard American Voter Eligibility Act, the John R. Lewis Voting Rights Advancement Act, the GENIUS Act, and the DISCLOSE Act.

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Some highlights include:

  • 34 senators and 90 House members received perfect scores.

  • The entire congressional delegations from New Mexico and Vermont received perfect scores.

  • Both senators from California, Hawaii, Illinois, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, and Vermont received perfect scores.

  • California had more members with perfect scores than any other state.

  • 50 senators and 174 House members received scores of two or lower.

  • Each Senate Democrat received a score of eight or above; no Senate Republican received a score above two.

The full scorecard is available here.

Democracy Defenders Action brings together a nonpartisan team to work with national, state, and local allies across the country to defend in real-time the foundations of our democracy.

Join The Contrarian community to support bold journalism and help fund critical lawsuits to stop Trump’s corruption — Subscribe now.

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