The SEC modified its quorum rules on September 30, now allowing a single commissioner to validate formal rules when only two are present. This decision comes as the agency now has only two commissioners, Paul Atkins and Mark Uyeda, following Hester Peirce’s departure this month, with the White House announcing no nominations to fill the vacant seats. The CFTC faces an even more critical situation with only one confirmed chair and commissioner since December 2025. These regulatory changes occur as Congress failed to pass a comprehensive digital asset market structure bill, leaving both agencies attempting to fill this legal vacuum for a $3 trillion market. Experts doubt Congress can advance the CLARITY Act during the lame duck session before January.
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