The bill has reopened the door to concerns about the debt limit being a perpetual point of leverage that allows the party in the minority to use the borrowing cap to extract legislative concessions. Debt deal struck, but ceiling problem persists:
President Joe Biden delivers remarks about the agreement with House Republicans to raise the debt limit while cutting and capping some government spending, at the White House in Washington on Sunday, May 28, 2023.
Biden opted against challenging the constitutionality of the debt limit this time around but suggested last week that he had the authority to do so and hinted that he might try to use it in the future. The Biden administration has been studying whether it could use the 14th Amendment to circumvent Congress on the basis that it would be a violation of the law for the federal government not to pay its bills on time.
A federal judge had asked the Justice Department to respond to the lawsuit by Tuesday and explain in writing its position about whether the 14th Amendment required the president to keep borrowing to pay bills regardless of the statutory debt limit. “The question of if and how the debt ceiling can be legally applied is pertinent not only to the current mess, but also to the one a Biden-McCarthy deal has set up for early 2025,” said Jeff Hauser, the director of the liberal Revolving Door Project.
Last week, Wally Adeyemo, the deputy Treasury secretary, told CNN that the Biden administration did not plan to invoke the 14th Amendment: “I think the president and secretary are clear that that will not solve our problems now.”
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