Biden uses 14th Amendment as leverage in debt talks

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2 years ago

May 11, 2023

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President Biden is floating the 14th Amendment as leverage to put pressure on Republicans who won’t budge on debt ceiling talks, but a host of legal uncertainties is raising questions about whether it’s a viable option.

Biden confirmed shortly after meeting with congressional leaders Tuesday that he had been considering invoking the 14th Amendment to avoid the country defaulting on its debts. That was a step further than he took on Friday when he told MSNBC he was not there “yet” on whether he had been weighing it as an option.

But his willingness to publicly float the idea shows how the White House is exploring steps Biden could take unilaterally to avoid a default and undercut Republicans.

“The 14th Amendment is Biden telling McCarthy that he’s got a risky card he can play as well, so don’t dare back us into a corner,” said Jim Kessler, a co-founder of centrist think tank Third Way.

Biden and congressional leaders emerged from the Oval Office meeting saying there was little tangible progress, but the president offered the very first glimpses of what alternatives, if any, could be possible to break the stalemate.

Administration officials have privately floated the idea that the amendment could be used to allow the president to unilaterally continue to issue debt. The argument hinges on language in a clause saying the public debt “shall not be questioned.”

“There have been discussions about whether or not the 14th Amendment … can be invoked,” Biden confirmed to reporters but added, “I don’t think that solves our problem now. I think that only solves your problem once the court has ruled that it does apply for future endeavors.”

Biden’s comments were particularly notable because just a few days earlier, Treasury Secretary Janet Yellen warned invoking the 14th Amendment to avoid a default could trigger a “constitutional crisis.”

But his remarks also acknowledged the legal quagmire that could result.

Should Biden invoke the 14th amendment, he is liable to be sued either by Treasury bondholders or by GOP lawmakers who could argue he’s violating Article I powers over federal spending. Biden could face a host of other legal problems should he move forward with the option, but given its uncharted territory, it’s uncertain how the courts might respond.

Whether Biden has the legal standing to invoke the 14th Amendment is also up for debate, with constitutional scholars differing in opinions over whether the move would be held up in court.

“It’s something the president can do, and if he believes the debt limit is unconstitutional, it’s something he must do,” said David Super, a constitutional law expert at Georgetown University. “If he believes that the debt limit is contrary to Section Four of the 14th Amendment, then he’s obliged to not violate the Constitution.”

On being sued, Super said it’s not clear what the standing would be. He added that while the power of the purse lies with Congress, the debt limit deals with payments that Congress has already directed the president to make.

There is also the political risk of McCarthy describing the idea as a failure of leadership.

“Really think about this, if you’re the leader, if you’re the only president and you’re going to go to the 14th Amendment to look at something like that — I would think you’re kind of a failure of working with people across sides of the aisle, or working with your own party to get something done,” the Speaker said upon returning to the Capitol Tuesday.

Even some moderate Democrats, like Sen. Joe Manchin (D-W.Va.), have in recent days chastised the White House for what he viewed as a failure to engage in good faith on negotiations over the debt ceiling and government spending.

Biden himself cited the counsel of Harvard law professor Laurence Tribe, who wrote in a recent New York Times op-ed that it’s fair to ask whether Congress “can invoke an arbitrary dollar limit to force the president and his administration to do its bidding.”

Meanwhile, Jonathan Turley, a legal scholar at George Washington University, told The Hill the move would be a “constitutional Hail Mary throw.”

“The courts have never endorsed this novel argument. It would negate a critical component to the power of the purse given to Congress under Article I. Making this more troubling is the fact that some of the expenditures were made without congressional approval, including the tuition forgiveness plan,” he said, referring to Biden’s student loan forgiveness plan that is held up in court. Democrats target CNN over Trump town hall Disney+, Hulu will become ‘one-app experience’ this year: CEO

The White House continues to repeatedly stress that it’s ultimately up to Congress to avoid a default. But should a last-ditch effort to avoid a default by invoking the amendment go forward, Biden would risk a major lawsuit over an already fragile financial system just as he’s seeking reelection.

Republicans would likely sue Biden for invoking the 14th Amendment, and it would likely get appealed up to the Supreme Court, Super warned, which has a 6-3 conservative majority.

“The president invoking Section Four of the 14th Amendment would resolve the problem. Given how polarized the country is and how determined the Republicans are to use the debt limit for extortion, they surely would arrange for somebody to sue,” he said. “But then I think it’s a very close question whether anyone would be found to have standing to sue.”

Entertainment

Paul Mescal bluntly appraises his meeting with the King at Gladiator II premiere

Published

2 hours ago

November 20, 2024

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Paul Mescal bluntly appraises his meeting with the King at Gladiator II premiere

Irish actor Paul Mescal says meeting King Charles was not on his “list of priorities”.

The 28-year-old star was introduced to the reigning monarch at the Gladiator II world premiere in London last week.

The historical epic picks up 20 years after the Oscar-winning original, and marks Mescal‘s first big studio movie after success in TV and independent film, playing Roman warrior Lucius Verus.

Talking about his brush with royalty on the red carpet, Mescal told US outlet Variety he did not see it coming.

Speaking at the film’s Los Angeles premiere, Mescal said: “How wild is it? It’s definitely not something that I thought was in the bingo cards.

“I’m Irish, so it’s not on the list of priorities”.

He then swiftly turned the answer to the film’s 86-year-old director, Ridley Scott, saying: “It’s an amazing thing for Ridley because I know how important that is for him.

“So, to see his film celebrated in that context was pretty special.”

Ahead of the premiere, both Mescal and Scott had enjoyed a champagne reception at Buckingham Palace, and so were already in a celebratory mood on their arrival.

Due to the large number of people at the event, Mescal admitted it was also hard to hear what was being said during his exchange with the King, so he was “nodding along and smiling”.

The world premiere was held in aid of the Film and TV Charity, which celebrates its 100th anniversary this year, and marked the first premiere Charles attended as King.

The King also met with Mescal’s co-stars including Oscar-winner Denzel Washington and Narcos actor Pedro Pascal.

Other celebrities to attend included actor Joseph Fiennes and TV presenter Claudia Winkleman.

Reviews of the film have been mixed thanks to its more-is-more attitude to CGI and OTT storylines, but there is broad agreement that audiences will leave the cinema somewhat entertained.

Speaking to Sky News at the London event, Mescal said being part of the movie was a “wildly… overwhelming” experience“.

Sir Ridley – who cast Mescal in the role after a brief Zoom chat with the actor – told Sky News his reason for choosing him was that he saw aspects of “a young Albert Finney” in him.

The original Gladiator starred Russell Crowe as Roman general Maximus Decimus Meridius. The Australian actor does not return for the sequel.

Joaquin Phoenix also had a starring role in the first film, which Scott later admitted he nearly walked out of.

Both Mescal and Scott have teased that they would both be up for a third film.

Gladiator II is in cinemas now.

Entertainment

Zoe Ball to leave her BBC Radio 2 breakfast show – and will be replaced by Scott Mills

Published

2 hours ago

November 20, 2024

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Zoe Ball to leave her BBC Radio 2 breakfast show - and will be replaced by Scott Mills

Zoe Ball is leaving her BBC Radio 2 breakfast show after six years.

The 53-year-old, who recently lost her mother to cancer, will present her last show on Friday, 20 December.

She said she was leaving to focus on family, but will remain part of the Radio 2 team and will give further details next year.

Announcing the news on her Tuesday show, she said: “After six years of fun times alongside you all on the breakfast show, I’ve decided it’s time to step away from the early alarm call and start a new chapter.

“You know I think the world of you all, listeners, and it truly has been such a privilege to share the mornings with you, to go through life’s little ups and downs, we got through the lockdown together, didn’t we?

“We’ve shared a hell of a lot, the good times, the tough times, there’s been a lot of laughter. And I am going to miss you cats.”

Scott Mills will replace Ball on the breakfast show following her departure next month.

“Zoe and I have been such good friends now for over 25 years and have spent much of that time as part of the same radio family here at Radio 2 and also on Radio 1,” he said.

“She’s done an incredible job on this show over the past six years, and I am beyond excited to be handed the baton.”

Hugging outside the BBC building on the day of the announcement, Ball said she was “really chuffed for my mate and really excited about it”.

Ball was the first female host of both the BBC Radio 1 and Radio 2 breakfast shows, starting at the Radio 1 breakfast show in 1998, and taking over her current Radio 2 role from Chris Evans in 2020 after he left the show.

She took a break from hosting her show over the summer, returning in September.

Ahead of her stint in radio, Ball – who is the daughter of children’s presenter Johnny Ball – co-hosted the BBC’s Saturday morning children’s magazine show Live & Kicking alongside Jamie Theakston for three years from 1996.

She has two children, Woody and Nelly, with her ex-husband, DJ and musician Norman Cook, known professionally as Fatboy Slim.

Ball said in her announcement her last show towards the end of December will be “just in time for Christmas with plenty of fun and shenanigans”.

“While I’m stepping away from the Breakfast Show, I’m not disappearing entirely – I’ll still be a part of the Radio 2 family, with more news in the New Year,” she added.

“I’m excited to embrace my next chapter, including being a mum in the mornings, and I can’t wait to tune in on the school run!”

Helen Thomas, head of Radio 2, said: “Zoe has woken up the nation on Radio 2 with incredible warmth, wit and so much joy since January 2019, and I’d like to thank her for approaching each show with as much vim and vigour as if it were her first. I’m thrilled that she’ll remain an important part of the Radio 2 family.”

Mills, 51, got his first presenting role aged just 16 for a local station in Hampshire, and went on to present in Bristol and Manchester, before joining BBC Radio 1 in 1998.

He got his first permanent role on Radio 2 in 2022, replacing Steve Wright, after previously working as a cover presenter on the station.

Entertainment

Dune: Prophecy star Olivia Williams says series is the first time she has felt confident her scenes would not be cut

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2 hours ago

November 20, 2024

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Dune: Prophecy star Olivia Williams says series is the first time she has felt confident her scenes would not be cut

British actress Olivia Williams has said that in more than 30 years of acting on screen, starring in Dune: Prophecy is the first time she has felt confident her scenes would not be cut from a project.

Williams, who has appeared in films including The Sixth Sense, Rushmore and An Education, and portrayed Camilla Parker Bowles, before she became Queen, in the final two seasons of The Crown, can now be seen in the TV prequel to the blockbuster Denis Villeneuve films.

She stars alongside her close friend Emily Watson, with the pair playing the Harkonnen sisters – two women fighting forces that threaten the future of humankind.

Based on the Dune and Sisterhood of Dune novels, the Sky Atlantic show is set 10,000 years before the birth of Timothee Chalamet‘s character, Paul Atreides, in the films, and follows the two women as they found the fabled sisterhood that will later become known as the Bene Gesserit.

Despite knowing each other for 30 years, and even working at the Royal Shakespeare Company (RSC) at the same time, the show marks Williams and Watson’s first time on screen together.

Williams says they are often asked why they have never acted together before. There’s a simple answer, she tells Sky News. “It’s because there are no scripts for two women of the same age to lead a story.

“We’re used to playing the character that can, if the film’s running a bit long, be cut out because you don’t genuinely affect the plot of the show. Well, just try cutting the Harkonnen sisters out of this story!”

She adds: “We knew that our work would be used – which, in 35 years, I’d say is the first time that’s happened.”

In Dune: Prophecy, Watson plays the Mother Superior of the Bene Gesserit Sisters, Valya Harkonnen, whilst Williams plays her younger sibling, Sister Tula Harkonnen.

Watson, who recently starred alongside Oscar winner Cillian Murphy in Small Things Like These, says it feels wonderful to be given the freedom to portray strong, stoic characters.

“When we were first cast, we went and sat in the National Portrait Gallery and sat in front of portraits of Queen Elizabeth I, Mary, Queen of Scots, Bloody Mary, and just thought about that time when those very powerful women were front and centre, and terrified and deeply paranoid because everybody wanted to either marry them or kill them.”

The two actresses first met outside the Black Swan pub in Stratford-upon-Avon when they were starting out in their careers with the nearby RSC.

Williams says it “doesn’t feel real” that their careers have become as successful as they have.

“It is an extraordinary thing that I said I would stop at 30 and go and try to be a lawyer. I didn’t intend to be working as an actor and now I can’t believe my luck.

“You get to the end of every job and you go, was that the last time I will act? And that is a really tough way to, you know, bring up a family and you can’t get a bloody mortgage or life insurance with a lifestyle like that. So anyway, that was my real-life whinge.”

Watson said the experience of leading a big-budget series together was not lost on her, and she felt an onus to help create a positive environment for the younger actors.

“We were like the CEOs and we were making sure that everybody was seen and felt part of something and were feeling okay about how everything was going down. And it felt like a really healthy way to do it.”

Dune: Prophecy is available to watch on Sky Atlantic and Now