US Senate blocks CLARITY Act debate, Ripple says XRP status unchanged
The US Senate voted 49-50 on September 15, 2026, against invoking cloture to proceed to the CLARITY Act, falling 11 votes short of the 60-vote threshold. The vote was procedural and did not address the bill’s content. No Democratic senator voted to invoke cloture. Republican Sens. Susan Collins, Josh Hawley, and Jerry Moran also voted no.
Ripple’s Chief Legal Officer Stuart Alderoty stated that XRP’s legal status remains unchanged. He referenced a 2023 federal court ruling and a March 2026 joint SEC–CFTC interpretation as the basis for XRP’s classification.
Don’t forget – Ripple and XRP stand on settled ground. The 2023 federal Court ruling established XRP is not a security.
And in March the SEC and CFTC issued a joint interpretation naming XRP a digital commodity. SEC Chairman Atkins and a CFTC Chairman Selig understand these… https://t.co/63ML5xmbAP
— Stuart Alderoty (@s_alderoty) September 15, 2026
This frames the setback as separate from XRP’s status under existing law. Alderoty argued the vote does not alter XRP’s footing.
CLARITY Act: What the Failed Cloture Vote Means
- The 49-50 result blocked debate on the bill; it was not a final vote on the bill’s text.
- Reporting on the tally shows unified Democratic opposition and three Republican no votes.
- Ripple CEO Brad Garlinghouse called the result disappointing and expects the SEC and CFTC to continue rulemaking to fill the legislative gap.
- Near-term path: agency rulemaking will guide market structure absent a statute.
XRP’s Legal Position: Basis for Alderoty’s View
- 2023 court ruling in SEC v. Ripple: Judge Analisa Torres found Ripple’s institutional sales were unregistered securities offerings. Programmatic exchange sales and certain other distributions did not meet the investment-contract test, according to the Southern District of New York summary judgment.
- March 2026 SEC–CFTC joint interpretation: Alderoty said it identified XRP as a digital commodity. This aligns with Ripple’s statements. Independent review of the cited agency document is warranted to confirm the classification details and scope.
- Ripple’s position: combined court precedent and agency guidance give XRP a clearer footing than many assets that lack comparable decisions or interpretations. Background on prospective SEC–CFTC roles under the CLARITY Act provides context for why agency interpretations matter even without new legislation: link.
Market Implications
- Policy landscape remains split:
- XRP: relies on existing court findings and cited agency guidance.
- Broader market: lacks a comprehensive statutory framework and will depend on ongoing SEC and CFTC rulemaking.
- XRP’s treatment could still evolve through rulemaking or further litigation. Assets without similar precedents face greater uncertainty.
- Ripple continues to advocate for legislation while operating under current legal interpretations. Ongoing SEC-related developments tied to Ripple and XRP remain relevant as agencies proceed with rulemaking: link.
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