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The move came shortly after the Senate declined to advance the Digital Asset Market CLARITY Act. The procedural vote on September 15 rejected it with 49-50, not meeting the 60 votes required to move forward.
The CFTC’s move gives the agency a chance to pursue parts of a crypto market framework under its existing authority, rather than waiting for Congress to resolve the broader legislative debate.
CFTC Chairman Michael Selig signaled that possibility back in August. The agency was considering how its existing powers could be used to create a dedicated market structure for digital assets that are standard, he said.
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Braun also argued that the public had been excluded from the preparatory finance committee meeting without justification.
But the court said that point did not affect the validity of the by-law, adding that it saw no evidence of a tax that would choke businesses.
The judges highlighted the number of gaming halls in the city remained largely stable after the increase.