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Coinbase Expects SEC Rules, Not Laws, After Midterms

Andrew Kamsky

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5 mins

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Quick summary

  • The Clarity Act failed a 60-vote Senate test in September 2026

  • Calvert expects SEC and CFTC rulemaking to lead

  • Calvert said the new Congress does not make passage easier

  • Coinbase vows cooperation over its $5 million ballroom donation

The November 3, 2026 midterms gave Democrats control of both houses of Congress, which ended the Republican hold on the White House, Senate and House. Calvert spoke with the host about a White House review of an SEC proposal to ease rules for crypto brokers. Her central point was that legislation has stalled, so agency rulemaking is the more realistic route for crypto policy.

The Broker Rule and the GENIUS Act

Calvert placed the SEC proposal inside a wider regulatory programme, which includes implementing the GENIUS Act stablecoin law:

“This is one of the many rules the administration is reviewing through the SEC, CFTC, implementation of the GENIUS Act, these are mechanisms to make crypto better, safer, faster, cheaper in the United States,” she said.

  • Why It Matters: Agency rules do not need 60 Senate votes. Rulemaking can therefore keep moving while the Clarity Act stays blocked.

Why the Clarity Act Stalled

The Clarity Act failed a Senate cloture vote in September 15, 2026 after last-minute negotiations over ethics restrictions, protections for software developers, and oversight of crypto trading businesses.

“We’ve got very close in September down to the wire and a few provisions prevented it from getting across the finish line,” Calvert said.

She was clear about the arithmetic facing any revived bill:

“We still need 60 votes to get across the Senate finish line and that will prove difficult even with fifty four, fifty five, fifty six Democratic votes.”

Democrats, Affordability and the Ballroom

The host said the industry had poured $200 million into the midterms. Calvert argued the incoming class includes more pro-crypto Democrats than any before it, and she defined the term narrowly: “they want clear rules for their constituents.”

The host then raised Democratic plans to investigate donors to the White House ballroom, including Coinbase’s reported $5 million contribution. Calvert said any inquiry rests with incoming committee leaders:

“Whether we see investigations, that’s up to the chairman who are coming in, the leadership.”

Calvert, Coinbase’s Vice President of U.S. Policy, cited the company’s public listing as its defence: “We are a public traded company. You can see what we’ve done, we are very transparent.”

What Comes Next

Two questions remain open.

The first is whether the SEC broker proposal clears White House review. The second is whether incoming Democratic chairs open inquiries into ballroom donors. Calvert’s position is that crypto is “not a niche issue” but part of everyday finance, and that rules, rather than laws, will deliver the framework.

Disclaimer: For information only, not financial advice. Views quoted are the speaker’s own. Crypto assets carry risk, so readers should do independent research.

FAQ

What is the Clarity Act?

The Digital Asset Market Clarity Act (H.R. 3633) would set federal rules for crypto and split oversight between the SEC and the CFTC. The House passed it in July 2025.

Why did the Clarity Act fail in the Senate?

A cloture vote on 15 September 2026 failed 49 to 50, well short of the 60 votes needed to open debate. Ethics provisions were among the final sticking points.

Why does Coinbase expect rules instead of new laws?

Kara Calvert said the 60-vote Senate threshold remains difficult under the new Congress. Agency rulemaking through the SEC and CFTC does not require Senate votes.

Is Coinbase under investigation over the White House ballroom?

No investigation was confirmed in the interview. The host raised Democratic plans to examine ballroom donors, including Coinbase’s reported $5 million contribution. Calvert said any inquiry is up to incoming committee leadership.

Disclaimer

The information provided in this article is for informational purposes only. It is not intended to be, nor should it be construed as, financial advice. We do not make any warranties regarding the completeness, reliability, or accuracy of this information. All investments involve risk, and past performance does not guarantee future results. We recommend consulting a financial advisor before making any investment decisions.

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Written by

Andrew Kamsky

Andrew Kamsky is a Bitcoin analyst. He spent a decade in traditional finance across a Big Four firm and a listed fintech bank before going deep on Bitcoin full-time.

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