Senate Says "Clarity No," Bitcoin Says "Maybe Later" 📉
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Senate Says "Clarity No," Bitcoin Says "Maybe Later" 📉

—By our Regulation & Policy Desk3 min read

Bitcoin traded near $76,862 on Tuesday, down 1.7% since midnight UTC, unwinding Monday's push to $79,427 after the U.S. Senate failed to advance the Digital Asset Market Clarity Act. Senators voted 49 in favor and 50 against on a cloture motion that needed 60 votes to pass, dooming a bill that had required at least seven Democrats to cross over. Ether (ETH $2,428.15) slipped 1.6% to $2,474.76, while solana (SOL) fell 2% to $100.43, and 92 of the CoinDesk 100's constituents closed lower on the day. The CoinDesk 100 index itself lost 1.6%.

The sell-off tracked a sharp reversal in prediction-market sentiment. Polymarket odds on the Clarity Act becoming law this year climbed to 34% on Monday before halving to 17% overnight, after Democrats circulated a counterproposal rejecting a Republican draft framed as a final offer. The impasse centers on ethics language governing officials' crypto holdings rather than the underlying market-structure provisions. A failure to advance the bill is widely expected to shelve U.S. market-structure legislation until after the November midterm elections.

Traditional markets moved in the opposite direction on Tuesday, with Nasdaq 100 futures gaining 0.43% and S&P 500 futures up 0.35% as some of Monday's AI-driven equity selloff reversed. The Dollar Index added 0.17%, marking a crypto-specific decline that flipped Monday's pattern, when crypto was the only major asset class in the green. Cumulative open interest across crypto futures fell 1% to $135 billion over 24 hours, while trading volume surged 54% to $207 billion, suggesting existing participants were closing positions faster than new ones were opening.

Analysts said the legislation's defeat, while notable, may matter less for Bitcoin's near-term trajectory than Wednesday's Federal Reserve decision. Algoz's Stephen Wundke put the odds of a quarter-point rate hike at 93%, in line with CME FedWatch, up from 33.1% a month ago, calling the move "a given" and pointing instead to the statement's language. Wundke said dovish framing could support a strong final quarter, noting that October and November are historically Bitcoin's strongest months, while hawkish remarks from Fed Chair Kevin Warsh could see BTC retest its $63,000 low.

Trading flows have already shifted defensive ahead of the decision. Talos reported a 28% net buying tilt toward stablecoins versus an average 8% selling tilt around prior FOMC meetings, with buying conviction in Bitcoin falling from 10% to 3% and in Ethereum from 23% to 9%, according to a note from research analyst Cooper Duschang. Hedge funds remained net buyers at a 25% tilt, while systematic and quantitative strategies swung heavily toward selling. HashKey senior researcher Tim Sun argued that U.S. dollar liquidity, not congressional action, remains the "true pricing mechanism" for the current downturn, pointing to U.S. Treasury yields moving back toward 5% alongside rising energy prices.

Despite the policy setbacks, Bitcoin's September drawdown has stayed unusually contained at 1.5% so far against a historical monthly average loss near 3% since 2013, leaving the asset up roughly 32% for the quarter and on course for its first positive quarterly close since the third quarter of 2025. Bitcoin briefly dipped below $74,887 on Tuesday before stabilizing, a reaction Blockware Intelligence's Mitchell Askew described as a sign of seller exhaustion. "Anybody who was going to sell bitcoin based on events like these has already sold. They no longer have coins to sell. That is an incredibly positive sign for the medium to long term, and it is exactly what you tend to see in the later stages of a bottoming process," Askew said.

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CategoryRegulation

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