The CLARITY Act failed its first cloture vote — blocked not on Bitcoin's CFTC framework but on an ethics provision that Democrats said left the president's digital-asset holdings unrestricted.
The motion to proceed fell short of the 60 votes required for cloture; Sen. Thom Tillis switched his final vote to no as a procedural maneuver, placing himself on the prevailing side to retain the right to file a motion to reconsider and keep the bill technically alive. Democratic senators who spent months negotiating the revised 630-page text — including Gillibrand, Warner, Booker, Warnock, Gallego, Alsobrooks, and Cortez Masto — voted against cloture, citing an ethics section they said failed to restrict the president's and first family's personal digital-asset holdings; Democrats tabled a counterproposal hours before the vote. Three other Republicans — Susan Collins, Josh Hawley, and Jerry Moran — joined the Democratic bloc in opposition. The bill's substantive core — Bitcoin classified as a digital commodity under CFTC jurisdiction, SEC authority limited to non-decentralized tokens — generated no equivalent bipartisan objection. No revised text or next-vote date has been announced; Sen. Lummis warned the failure left "no realistic chance this decade," and with midterms narrowing the legislative calendar, the window for 2026 passage has effectively closed.
Until the ethics dispute is resolved, Bitcoin's commodity classification rests on agency interpretation rather than statutory certainty — leaving CFTC and SEC jurisdiction over digital assets defined by enforcement guidance rather than law.
(CNBC, CryptoTimes)
