The latest version of the U.S. CLARITY Act is facing a major political hurdle after a group of key Senate Democrats formally announced their opposition to the current draft. Crypto journalist Brendan Pedersen summed up the situation bluntly, saying, “Crypto doesn’t have the votes on the Clarity Act.”
The 198 Democratic opposition includes Angela Alsobrooks, Cory Booker, Catherine Cortez Masto, Ruben Gallego, John Hickenlooper, Mark Warner and Raphael Warnock. The senators argue that the latest version still falls short on several important areas, including stronger ethics rules, consumer protections, safeguards against illicit finance, conflict-of-interest protections and market integrity.
However, they have not completely walked away from the legislation and said they will continue negotiating with Republicans to reach a bipartisan agreement.
Ethics and Enforcement Drive the Debate
The biggest disagreement appears to be over ethics and enforcement. Democrats want stronger rules preventing elected officials and senior government leaders from personally benefiting from crypto-related businesses while influencing digital asset policy.
Pedersen pointed to the growing divide, saying Senator Thom Tillis is a “no” without ethics changes, while Alsobrooks has called the lack of state attorney general enforcement “unacceptable.” Senator Cynthia Lummis also remains firm on the need for stronger state AG enforcement. Senator John Kennedy is supportive of the bill but has warned that Republicans still face other challenges, including the ongoing dispute over stablecoin yield.
The debate has also focused on new ethics language that would ban all federal officials, including the president, from issuing or sponsoring a digital asset for profit. Lummis praised the agreement, saying it would establish “real enforcement and real penalties” and set a higher ethical standard.
Crypto analyst Lark Davis claimed violations could result in a $250,000-per-day DOJ fine and highlighted reports that President Trump supported the ethics language despite reportedly earning $1.2 billion in crypto income last year.
The 60-Vote Problem
The CLARITY Act aims to create clearer digital asset rules, define regulatory responsibilities and reduce uncertainty for crypto companies and investors. But the bill still needs 60 Senate votes.
With Republicans pushing for progress and Democrats demanding stronger protections, Pedersen’s warning now reflects the central challenge facing the legislation. The Democrats opposing the current draft are still willing to negotiate, but unless lawmakers resolve the disputes over ethics, enforcement and consumer safeguards, the CLARITY Act could face further delays.
The coming negotiations will determine whether the U.S. can reach a bipartisan agreement on one of its most consequential crypto regulatory reforms or whether political divisions push the bill further down the road.
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