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.”
Inflation eased to an annual rate of 3.4% in May, according to official figures released this morning, but the Bank of England is widely expected to leave interest rates on hold despite that.
The Office for National Statistics (ONS) reported the consumer prices index measure eased from 3.5% the previous month.
It said that despite upwards pressure on prices from food and clothing, the decline was driven by falls in airfare prices following Easter.
Today’s headline inflation number suggests a flat picture for price growth overall.
But there is one stat that households will already be familiar with after a visit to the supermarket.
A jump in some food prices has been noticeable, with the ONS flagging a leap in its food and non-alcoholic drinks measure of inflation to a 15-month high.
Why the rise? Chocolate has spiked significantly this year due to a cocoa shortage blamed on poor harvests. Meat, particularly beef, has shot up on high global demand and rising costs.
The food and non-alcoholic drinks category has been on the rise for five months in a row. But the good news is that high rates of sales promotions by chains – discounts – are helping keep a lid on overall grocery bills.
“Air fares fell this month, compared with a large rise at the same time last year, as the timing of Easter and school holidays affected pricing. Meanwhile, motor fuel costs also saw a drop.
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“These were partially offset by rising food prices, particularly items such as chocolates and meat products. The cost of furniture and household goods, including fridge freezers and vacuum cleaners, also increased.”
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Forecasts suggest that inflation will tick up over the second half of the year – with effects from Donald Trump’s trade war and rising commodity costs amid events in the Middle East among the concerns ahead for the Bank of England.
It has adopted a “careful” and “gradual” approach to interest rate cuts as a result.
That is despite weakening employment data, reported earlier this month, which showed a tick up in the official jobless rate and a 109,000 reduction in payrolled employment.
Other elements of the inflation data are also supportive of an argument for rate cuts.
Core CPI inflation – a measure that strips out volatile elements such as energy and food – eased from 3.8% in April to 3.5% while services inflation tumbled sharply to 4.7% from 5.4% the previous month.
Nevertheless, the Bank is widely expected to leave Bank rate on hold on Thursday following the June meeting of its rate-setting committee.
LSEG data showed after the inflation data that financial markets currently see two more interest rate cuts by the year’s end.
Risks to prices ahead will come from a sustained Israel-Iran war pushing up oil and gas prices but there have been different views among policymakers over whether the trade war will result in inflation or not.
As such, the minutes of the Bank’s meeting will be closely scrutinised for hints on whether rate cut caution is easing.
Kellogg’s cornflakes, Bonne Maman jam, Kent Crisps, Brewdog beer… these are the items on the supermarket shelves in front of me.
I’m in a branch of Azbuka Vkusa (or ‘Alphabet or Taste’) in Moscow, where the aisles look remarkably like those in a Tesco, Sainsbury’s or Waitrose.
Russia is the most sanctioned economy in the world, but here we are, more than three years into its supposed isolation, and the shelves are still stocked with Western goods.
So how come?
Many of the products on sale here are what are called ‘parallel imports’. That means they’ve entered Russia via third countries, without the trademark owner’s permission.
Russia legalised the practice soon after its invasion of Ukraine to sidestep sanctions and to shield consumers from the impact of a mass exodus of foreign brands.
So despite companies pulling out of Russia, their products can often still be found here.
Take Coca-Cola for example. It stopped selling to Russia and ceased operations here in 2022, but there’s no problem buying its drinks.
Next to each other on the supermarket shelf, I found one can from France, one from Poland, one from Iraq and even a bottle from the UK. “Please recycle me,” the cap hopefully implores.
Like other businesses that say they have not authorised imports of their brands into Russia, there’s little Coca-Cola can do about it. The company declined a request to comment.
This specifically isn’t sanctions-busting, since food and drink are generally exempt from the restrictions imposed by Britain and the EU. It is, however, an example of how trade bans (self-imposed, in this case) can be circumvented. And the very same practice is being used on some sanctioned goods, like luxury cars.
At Frank Auto, a glitzy car showroom in northwest Moscow, there’s a Porsche Cayenne Coupe, a Mercedes EQE and a BMW X5. All are under two years old, i.e. younger than the sanctions regime that was designed to keep them out.
“Germany officially does not know that we import cars for clients from Russia,” Irina Frank, the dealership owner, tells me unashamedly.
“It’s done through multiple moves. An order is placed, for example, from Turkey, then from Turkey it goes to Armenia, and from Armenia we deliver the car to Russia.”
She explains that the cars are imported to order, because of the cost involved and the uncertainty.
Image: Luxury cars can still be obtained in Russia
“Now, every transaction is checked, and there were cases when you even lost all the money, and cannot take the car out,” she says.
But it’s clearly still possible. In February, Irina sold a Ferrari Purosangue to a customer who paid 130 million roubles (1.43 million euros) – 30% more than what it would have cost without sanctions, she says.
And she even claims to have sold Range Rovers from Britain.
“Russia, you know, is a special country. Our people really love everything that is the most expensive, the coolest, in the maximum configuration,” she adds.
In a car park in front of Moscow’s Belarussky train station, we meet Ararat Mardoyan, who owns a car brokerage firm called Autodegustator. He says he imported dozens of British and European cars into Russia during the first two years of the war, including his own vehicle.
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Inside the importers of Western Cars into Russia
His black Volkswagen took six months to arrive from Germany, after being shipped via Belgium, Georgia, Armenia and Iran.
“You’re not doing anything wrong,” he insists, when I ask if he’s helping Russia avoid sanctions.
He refers to the Eurasian Economic Union as justification – a customs union which Russia shares with Armenia, Belarus, Kazakhstan and Kyrgyzstan.
“It’s like [the] European Union,” he argues.
“If the good hits Kazakhstan, for example, it’s already not only a Kazakh product, it’s already a product of customs union.”
I suggest that such moves are not in the spirit of sanctions, and that some would question the morality of it.
“I don’t think it’s something from the sphere of immorality. It’s business,” he says. “People have to work and survive.”
Ararat stopped importing European cars at the start of last year because of increased risks and decreasing profits, citing how he had to scrap an entire fleet of Range Rovers after their diagnostic systems were blocked as soon as they were switched on.
But he doesn’t believe the practice will ever cease, no matter how pricey and problematic it becomes.
“People who want to drive Ferrari,” he says, “they always have the money, and where there is the demand, there will always be supply.”
“This is like a globalised world. I don’t believe there’s any chance of isolating Russia. It’s not possible.”
The government will announce another delay to the beleaguered HS2 project on Wednesday, saying the latest target is now impossible.
Sky News understands that Transport Secretary Heidi Alexander will announce that the London to Birmingham line will no longer be ready to open by 2033.
It is not clear what the new target date will be.
Ms Alexander is expected to blame the Tories for a “litany of failure” that drove the costs up by £37bn since 2012, when the high-speed rail network was approved by the coalition government.
As first reported by The Telegraph, she is also expected to raise concerns that taxpayers may have been defrauded by subcontractors and pledge that “consequences will be felt”.
Ms Alexander’s announcement will come alongside the findings of two reviews into HS2, looking into what went wrong and how and when to construct the rest of it.
She will tell MPs: “Billions of pounds of taxpayers’ money has been wasted by constant scope changes, ineffective contracts and bad management.
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“It’s an appalling mess. But it’s one we will sort out.”
HS2 was originally planned to cut journey times and improve connectivity between London and the Midlands and the North.
It was given the go-ahead in 2012 with the aim of operating by 2026, but has since been mired in setbacks and spiralling costs.
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The initial plan was to build the first phase connecting London and Birmingham, followed by adding two branches to Manchester and Leeds.
However, Boris Johnson scrapped the leg to Leeds in 2021, while Rishi Sunak pulled the plug on the remainder of the second phase to Manchester in 2023 because of spiralling costs.
The latest time scales give an opening date of between 2029 and 2033 for the London to Birmingham leg, which is under construction.
The most recent cost estimate was £49bn to £56.6bn (in 2019 prices), according to a House of Commons research briefing.
The original bill for the entire project at 2009 prices, when the idea was first conceived, was supposed to be £37.5bn.