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.”

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Follow live: Blue Jays host Yankees in Game 2 of ALDS

Published

1 hour ago

October 5, 2025

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Brewers CF Chourio’s status uncertain for Game 2

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1 hour ago

October 5, 2025

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Brewers CF Chourio's status uncertain for Game 2

Jesse RogersOct 5, 2025, 04:41 PM ET
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MILWAUKEE — Milwaukee Brewers centerfielder Jackson Chourio‘s status for Game 2 of the NLDS against the Chicago Cubs on Monday is uncertain after an MRI on his right hamstring came back inconclusive, according to manager Pat Murphy.

Chourio, 21, left Game 1 on Saturday after legging out an infield hit in the bottom of the second inning. It’s the same hamstring he injured in July — also while playing against the Cubs — putting his immediate playing future in doubt.

“I can’t give you a definitive, but I know that we’re going to test some things today,” Murphy said on Sunday afternoon. “He’s going to be out there today. I don’t know that he’ll do much, but the MRI came back and it’s inconclusive and it’s not a serious hamstring strain, but it’s not necessarily something that won’t limit him.”

Chourio was 3 for 3 in the game before leaving. Murphy indicated rookie Isaac Collins would likely take Chourio’s place in the lineup if the latter player can’t go.

The Brewers manager also announced lefty Aaron Ashby will start Game 2 for his team, though he probably won’t last long after throwing 1⅓ innings on Saturday. He’s likely opening the game to help neutralize Cubs leadoff man Michael Busch — also a lefty — who homered to start Game 1.

“He could go as long as we want him to,” Murphy said of Ashby.

Righty Quinn Priester is likely the bulk innings guy for the Brewers after Ashby, but Murphy stopped short of declaring his plans. The Cubs are countering with lefty Shota Imanaga, who pitched in Game 2 of the wild-card round against the San Diego Padres.

“He’s a competitor,” Cubs manager Craig Counsell said. “And I think he’s a thinking-man’s competitor, and he also pitches with a lot of joy on the mound, while competing at a really high level.”

Imanaga has a 5.73 ERA in four career games against the Brewers, including three starts this season.

“I think all the hitters, they understand what they need to do, and I think that’s the Brewers’ offense,” Imanaga said of his struggles against Milwaukee. “Even yesterday, just the next guy was up, the next guy was ready. So I think, for me, it’s just making sure, take it one out at a time, and then thinking about that one out.”

Murphy was asked about facing the second-year Cub who features a rising fastball and a sinking splitter.

“His heater plays way up,” Murphy said. “If it says 91, the hitter sees it as 95 to 96.”

Milwaukee won Game 1 in a route, 9-3.

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AP Week 6 poll reaction: What’s next for each Top 25 team

Published

3 hours ago

October 5, 2025

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AP Week 6 poll reaction: What's next for each Top 25 team

Oct 5, 2025, 02:25 PM ET

The latest AP poll is out. Most ranked teams held steady. The Ohio State Buckeyes stayed atop the poll after a convincing win over the Minnesota Golden Gophers, and the Miami Hurricanes bolstered their résumé with a win over the Florida State Seminoles. But both the No. 7 Penn State Nittany Lions and then No. 9 Texas Longhorns were stunned by unranked opponents. (UCLA and Florida, respectively.)

What does it all mean for the AP Top 25? Let’s break down the rankings.

Stats courtesy of ESPN Research.

All times Eastern.

Previous ranking: 1

2025 record: 5-0

Week 6 result: Defeated Minnesota 42-3

Stat to know: Ohio State has allowed 25 total points this season. That is the fewest points allowed through five games by a Big Ten team since 1985 Michigan.

What’s next: Saturday at Illinois, noon, Fox

Previous ranking: 3

2025 record: 5-0

Week 6 result: Defeated Florida State 28-22

Stat to know: Miami has three straight wins against AP-ranked opponents within a season for the first time since 2004.

What’s next: Oct. 17 vs. Louisville, 7 p.m.

Previous ranking: 2

2025 record: 5-0

Week 6 result: Idle

What’s next: Saturday vs. Indiana, 3:30 p.m., CBS

Previous ranking: 4

2025 record: 5-0

Week 6 result: Idle

What’s next: Saturday vs. Washington State, 12:45 p.m., SEC Network

Previous ranking: 6

2025 record: 5-0

Week 6 result: Defeated Mississippi State 31-9

Stat to know: This is Texas A&M’s first 5-0 start since 2016.

What’s next: Saturday vs. Florida, 7 p.m., ESPN

Previous ranking: 5

2025 record: 5-0

Week 6 result: Defeated Kent State 44-0

Stat to know: This was Oklahoma’s first shutout since its 2023 win over Arkansas State.

What’s next: Saturday vs. Texas (in Dallas), 3:30 p.m., ABC

Previous ranking: 8

2025 record: 5-0

Week 6 result: Idle

What’s next: Saturday at Oregon, 3:30 p.m., CBS

Previous ranking: 10

2025 record: 4-1

Week 6 result: Defeated Vanderbilt 30-14

Stat to know: Kalen DeBoer is now 13-2 in matchups between two ranked teams.

What’s next: Saturday at Missouri, noon, ABC

Previous ranking: 11

2025 record: 5-0

Week 6 result: Defeated Houston 35-11

Stat to know: Texas Tech has now won five straight games by 20-plus points for first time since 1953-54.

What’s next: Saturday vs. Kansas, 7:30 p.m., Fox

Previous ranking: 12

2025 record: 4-1

Week 6 result: Defeated Kentucky 35-14

Stat to know: Georgia has a 16-game win streak against Kentucky.

What’s next: Saturday at Auburn, 7:30 p.m., ABC

Previous ranking: 13

2025 record: 4-1

Week 6 result: Idle

What’s next: Saturday vs. South Carolina, 7:45 p.m., SEC Network

Previous ranking: 15

2025 record: 4-1

Week 6 result: Idle

What’s next: Saturday vs. Arkansas, 4:15 p.m., SEC Network

Previous ranking: 17

2025 record: 5-0

Week 6 result: Idle

What’s next: Saturday vs. Virginia Tech, 3:30 p.m., ACC Network

Previous ranking: 19

2025 record: 5-0

Week 6 result: Idle

What’s next: Saturday vs. Alabama, noon, ABC

Previous ranking: 20

2025 record: 4-1

Week 6 result: Defeated Wisconsin 24-10

Stat to know: Michigan has now won consecutive games against Wisconsin for the first time since 2002.

What’s next: Saturday at USC, 7:30 p.m., NBC

Previous ranking: 21

2025 record: 3-2

Week 6 result: Defeated Boise State 28-7

Stat to know: Against Boise State, Notre Dame had four interceptions in a game for the first time since 2023.

What’s next: Saturday vs. NC State, 3:30 p.m., Peacock

Previous ranking: 22

2025 record: 5-1

Week 6 result: Defeated Purdue 42-27

Stat to know: Illinois has now won consecutive games against Purdue for the first time since 2001-02.

What’s next: Saturday vs. Ohio State, noon, Fox

Previous ranking: 23

2025 record: 5-0

Week 6 result: Defeated West Virginia 38-24

Stat to know: BYU has started 5-0 for the sixth time in program history.

What’s next: Saturday at Arizona, 8 p.m., ESPN2

Previous ranking: 24

2025 record: 5-1

Week 6 result: Defeated Louisville 30-27 (OT)

Stat to know: The win over Louisville is Virginia’s second straight overtime win. Virginia had never won multiple overtime games in a season prior to 2025.

What’s next: Oct. 18 vs. Washington State, 6:30 p.m., The CW