# McHenry Doubts Incoming Democratic House Can Pass Anti-Crypto Bill

By Riza Dagoc

Canonical URL: https://www.tokenpost.com/news/regulation/54403
Published: 2026-11-11T20:10:22.000Z
Updated: 2026-11-11T20:10:22.000Z
Section: Regulation

> He described the incoming Congress as more supportive of crypto across party lines than Congresses six and eight years ago and said Congress must grant spot-market authority to the CFTC chair.

Former House Financial Services Committee Chairman Patrick McHenry said he sees little chance that the incoming Democratic-led House will pass an anti-crypto bill, arguing that the next Congress is more supportive of crypto across party lines than earlier Congresses.

Asked about Sen. Elizabeth Warren’s renewed push against crypto on Nov. 9, McHenry said he did not think it possible to “pass an anti-crypto bill through the House.” Democrats won control of both chambers in the Nov. 3 midterms and are set to take over in January. Warren is expected to chair the Senate Banking Committee when the new Congress convenes.

McHenry described the incoming Congress as more pro-crypto in both parties than the Congresses of six and eight years ago. He said the progressive politics Warren has built within the Democratic Party have less influence now than when Joe Biden took office with Democrats controlling the House and Senate. Some progressive policies still carry weight, he said, but anti-crypto policies do not have the same force. He also urged the crypto industry to preserve its political support and remain popular with lawmakers.

McHenry said Commodity Futures Trading Commission Chair Michael Selig lacks authority over spot crypto markets, where tokens are bought and sold. Congress would need to give Selig that authority through legislation, he said. Securities and Exchange Commission Chair Paul Atkins, by contrast, can significantly shape how crypto trades, McHenry said.

He also said that if a future president replaced regulators with leaders who were not explicitly pro-crypto, Congress could push back if enough lawmakers supported the industry. McHenry has previously discussed how the industry should prepare for Democratic control while addressing the stalled CLARITY Act in [remarks on the bill](<https://www.tokenpost.com/news/regulation/51888>).



## Links in this article

- [remarks on the bill](https://www.tokenpost.com/news/regulation/51888)
