TLDR
The Digital Asset Market Clarity (CLARITY) Act now has roughly a 10% chance of passing in 2026, based on Galaxy Digitals latest assessment.
- Galaxy cut its CLARITY Act passage odds from 75% in May to 10% in August, citing unresolved Senate disputes and a very tight legislative calendar.
- Without CLARITY, US crypto rules will keep emerging mainly through SEC and CFTC exemptions and guidance, which offer partial clarity but can be changed more easily than a statute.
- The key near?term signals are an Aug 19 White House crypto meeting, mid?September Senate votes, and whether the SEC finally publishes Reg Crypto and the Innovation Exemption.
Deep Dive
1. Bills Odds And Political Roadblocks
Galaxy Research now assigns the CLARITY Act only a 10% chance of becoming law in 2026, down from 75% in May, 60% in June, and 30% in July as negotiations stalled over a 600?page Senate proposal and ethics provisions. Galaxys Alex Thorn highlighted unresolved rules on government officials crypto holdings, bank lobbying against stablecoin yields, and disputes over developer protections as central obstacles in his latest analysis, echoed by reporting from Cointelegraph and Bitcoin.com.
Procedurally, the Senate returns September 14 for a two to three week session before midterm campaigning, with a cloture motion on CLARITY scheduled to ripen September 15 and 60 votes needed to advance the bill despite Republicans holding 53 seats. That compressed window means CLARITY would need to dominate basically the entire working session to pass, reinforcing the low odds reflected in Galaxys 10% estimate and prediction market probabilities near 20%.
2. Regulatory Impact Of A 10% Path
Substantively, the CLARITY Act is designed to create the first full US market structure framework for digital assets, splitting oversight between the SEC and CFTC and clarifying when a token is treated as a security or a commodity. With the bill unlikely to pass soon, the regulatory path is shifting toward agency action: the SEC has drafted Reg Crypto and an Innovation Exemption to create specific token offering and DeFi trading exemptions, while the CFTC is asserting its authority over prediction markets and convening a new innovation advisory committee.
However, these are administrative measures rather than legislation, meaning they can be rewritten or reversed by future administrations and may not fully resolve long?running questions around stablecoins, custody, and token classification. Reporting from Crypto.news and Galaxy notes projects already shutting down or relocating due to this uncertainty, and institutional investors treating regulatory risk as a central factor in allocation decisions.
For now, crypto businesses and investors in the US need to plan around evolving SEC/CFTC rules and exemptions instead of expecting a fast, durable legislative fix.
3. Dates And Scenarios To Watch
Several near?term events will shape whether CLARITYs odds stay at 10% or improve:
- A White House meeting on August 19 bringing President Trump, SEC and CFTC leadership, and executives from Coinbase, Ripple, Chainlink, a16z, Kalshi and others to discuss digital asset and prediction?market policy, as reported by CryptoSlate and Bitcoin.com.
- The September 15 Senate cloture vote on CLARITY, which will show whether supporters can even reach the 60?vote procedural threshold.
- Potential publication of Reg Crypto and the Innovation Exemption in the coming weeks or months, which could partially standardize token issuance and DeFi trading even if CLARITY fails.
Scenario?wise, a surprise legislative breakthrough would anchor US crypto in a statutory framework for years, while failure plus continued SEC delays could extend the patchwork regime into 2027.
Conclusion
The sharp drop in CLARITY Act passage odds reflects hard political limits more than a retreat from regulating crypto, pushing the center of gravity toward SEC and CFTC rulemaking instead of Congress. For crypto users and builders, the next few months are about watching whether Septembers Senate votes and upcoming agency actions move the US from temporary, revisable exemptions toward clearer, more durable rules, or whether regulatory uncertainty remains a core risk to factor into any long?term plans.
