Galaxy cuts CLARITY odds to 10%, and crypto's regulatory plan B becomes the plan
Galaxy Digital's estimate for the US market-structure bill has fallen from 75% in May to 10%. Firms budgeting for a statute should budget for SEC and CFTC rulemaking instead.
The Investor · Invest desk

What happened
- Galaxy Digital lowered its estimate of the Digital Asset Market Clarity (CLARITY) Act's chances of passing in 2026 to 10%.
- Galaxy's 75% estimate for CLARITY Act passage was set on May 22.
- Galaxy cut its CLARITY passage estimate from 75% to 60% on June 6, and from 60% to 50% on June 26.
- The Senate has only 14 days in session to pass the bill after it reconvenes on Sept. 14.
- Galaxy warned the Senate will have only about two to three weeks to pass the CLARITY Act when it reconvenes on Sept. 14.
Why it matters
Galaxy Digital has cut its estimate of the CLARITY Act's chance of passing in 2026 to 10%, down from the 75% it set on May 22 [1][5]. For anyone whose compliance plan assumed a federal market-structure statute for digital assets [11], that is a signal to rebuild the plan around agency rulemaking.
The path of the revisions is more informative than the endpoint. Galaxy went from 75% to 60% on June 6, then from 60% to 50% on June 26 [6]. The latest move, 40 percentage points, is larger than those first two cuts combined [18]. The early cuts read as slipping confidence in the politics. This one is arithmetic about the calendar: the Senate reconvenes on Sept. 14 with 14 days in session [2], which Galaxy characterises as roughly two to three weeks [3]. Alex Thorn, Galaxy's head of firmwide research, wrote in a Friday X post that unless a motion to proceed comes immediately on lawmakers' return, there is only enough time if the bill "dominates basically the entire working session" [7].
The unresolved items are not drafting details. Thorn cited ethics rules covering government officials' involvement in crypto and pressure from banks over stablecoin yield provisions [4]. The bill cleared the Senate Banking Committee in May, but most Democrats and the banking industry objected that it would let crypto firms pay yield on stablecoins without the requirements banks face [8]. Lobbying volume has not moved that: more than 200 crypto companies and organisations signed a letter urging passage at the beginning of June, shared by Stand With Crypto [9].
If the bill fails, the SEC and CFTC plan to write their own crypto market rules [10]. The mechanics of that fallback are already visible, and they are messy. The SEC scheduled an open meeting on Friday to unveil its "clear rules of the road," then cancelled it citing "an unforeseen scheduling issue" [12]. According to Cointelegraph's account, the White House was unhappy that the SEC moving alone could anger Democrats and damage the CLARITY negotiations [19]. The agencies' plan B is therefore hostage to the same politics that stalled plan A.
The deeper problem with agency rules is that they do not settle who is in charge. The CFTC ordered prediction market Kalshi to ignore a New York restraining order and keep operating, treating the state action as a market emergency [13], with Chair Michael Selig saying Congress did not intend derivatives exchanges to face a "patchwork of state gaming laws" [14]. Days later a Washington state judge ordered Kalshi to stop operating in the state, rejected the federal preemption argument, and required geofencing by Aug. 19 [15]. A federal directive lost to a state court inside a week. That is what fragmented rulemaking buys: guidance you can build to, and no assurance it holds.
Three things to watch. Whether a motion to proceed is filed in the Senate's first days back, which is Thorn's stated condition for the timeline working at all [7]. Wednesday's White House meeting, where SEC chair Paul Atkins, President Donald Trump and executives from Coinbase, a16z, Ripple, Chainlink, NYSE and Nasdaq are due to discuss getting the bill over the line [16], followed the next day by the CFTC's new Innovation Advisory Committee taking up crypto, AI and prediction markets [17]. And whether the SEC reschedules the cancelled meeting [12], which would indicate the agencies have stopped waiting.
Information, not investment advice. This story is general information about companies and markets, drawn from cited reporting. It is not a recommendation to buy, sell or hold any security; check the cited sources before acting.
Clarity's read
What the record supports and how the coverage leans. The claims behind it follow.
Reality
- Evidence60
- Adoption
- Not scored
- Hype gap+25
- Incentives55
- Confidence60
Perspective Coverage
3 publishers- Builder
- Builder 17%
- Operator
- Operator 42%
- Investor
- Investor 41%
Claim ledger
Ranked by verification strength, evidence, and original report placement.
- [1]
Galaxy Digital lowered its estimate of the Digital Asset Market Clarity (CLARITY) Act's chances of passing in 2026 to 10%.
- [2]
The Senate has only 14 days in session to pass the bill after it reconvenes on Sept. 14.
- [3]
Galaxy warned the Senate will have only about two to three weeks to pass the CLARITY Act when it reconvenes on Sept. 14.
- [4]
Thorn said lawmakers would still have to work through multiple issues, including ethics rules for government officials' involvement in crypto and pressure from banks over stablecoin yield provisions.
- [5]
Galaxy's 75% estimate for CLARITY Act passage was set on May 22.
- [6]
Galaxy cut its CLARITY passage estimate from 75% to 60% on June 6, and from 60% to 50% on June 26.
- [7]
Alex Thorn, Galaxy's head of firmwide research, wrote in a Friday X post that unless an initial motion to proceed vote occurs immediately upon lawmakers' return to Washington, there would be enough time for the CLARITY Act to pass the Senate only if it "dominates basically the entire working session".
- [8]
The CLARITY Act cleared the Senate Banking Committee in May, but most Democrats and the banking industry pushed back, arguing it would allow crypto firms to offer yields on stablecoins without facing the same requirements as banks.
- [9]
At the beginning of June, over 200 crypto companies and organizations urged the US Senate to pass the CLARITY Act in a letter shared by crypto lobby group Stand With Crypto.
- [10]
If the CLARITY Act does not pass, the SEC and CFTC plan to step into the breach by issuing their own rules for crypto markets.
- [11]
The CLARITY Act aims to establish the first regulatory framework for digital assets in the US.
- [12]
The SEC scheduled an open meeting on Friday to unveil its "clear rules of the road" but then cancelled it due to "an unforeseen scheduling issue".
- [13]
The CFTC ordered prediction market Kalshi to ignore New York's restraining order and continue operating normally, saying New York's enforcement action constituted a market emergency because it would bar Kalshi from operating nationwide.
- [14]
CFTC Chair Michael Selig said Congress did not intend derivatives exchanges to face a "patchwork of state gaming laws".
- [15]
A few days later a Washington state judge ordered Kalshi to stop operating in the state, rejected its argument that federal commodities law preempts Washington gambling law, and ordered it to implement IP-address and residency-based geofencing by Aug. 19.
- [16]
SEC chair Paul Atkins, President Donald Trump and executives from Coinbase, a16z, Ripple, Chainlink, NYSE and Nasdaq will meet at the White House on Wednesday to discuss crypto regulation and explore ways to get the bill over the line.
- [17]
The following day, the CFTC's new Innovation Advisory Committee will meet to discuss regulation of crypto, AI and prediction markets.
- [18]
The latest cut of 40 percentage points (from 50% to 10%) is larger than the first two cuts combined, which totalled 25 percentage points (75% to 60% to 50%).
- [19]
The White House was reportedly unhappy that the SEC going rogue on crypto rules could anger Democrats and scuttle the delicate negotiations underway to pass CLARITY.
Sources
3 independent publishers whose own reporting we read for this story.
- cointelegraph.comGalaxy lowers CLARITY Act odds to 10%
2 articles · August 16, 2026
- crowdfundinsider.comGalaxy Digital Pegs Probability of the CLARITY Act Becoming Law at Just 10%: Now much more about politics than policy
1 article · August 17, 2026
- cryptobriefing.comOdds of CLARITY Act passing this year drop to 10%, Galaxy Research warns
1 article · August 15, 2026