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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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Leafs’ Matthews in Germany for injury treatment

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Leafs' Matthews in Germany for injury treatment

TORONTO — Auston Matthews boarded a plane and crossed an ocean.

The Toronto Maple Leafs are hoping the trip provides some answers — and returns their best to the ice.

General manager Brad Treliving said following Tuesday’s practice his captain, out day-to-day since Nov. 5 because of an undisclosed upper-body injury, is in Germany to see a doctor the star center has worked with in the past.

“More as a general checkup,” Treliving said during an unscheduled availability with reporters. “But also to get some work done on this thing.”

Matthews has sat out six games and will be out a seventh Wednesday when Toronto hosts the Vegas Golden Knights.

Treliving, who added a team doctor accompanied the star forward to Europe, said with the Leafs playing only twice this week the organization decided to use the time to its advantage.

Treliving declined to provide further details on what’s ailing Matthews, who’s believed to have skated only twice since last playing Nov. 3.

“There’s been no setbacks,” Treliving said of the 2022 Hart Trophy winner. “Everything’s been, actually, going quite well. We’re just trying to use the days that we’ve got here with less games being played to just try to get this behind us.”

Toronto (11-6-2) was already down three forwards with Matthews, Max Pacioretty and Calle Jarnkrok sidelined before announcing earlier Tuesday center David Kampf (lower-body injury) is also now on the shelf. Fraser Minten was recalled from the minors to take his spot.

Reaves reaction

Leafs enforcer Ryan Reaves was suspended five games for Saturday’s illegal check to the head on Oilers defenseman Darnell Nurse.

“Never want to see anybody injured,” Treliving said. “It’s a hockey play that goes wrong.”

Reaves was in Toronto’s locker room Tuesday following practice and appeared willing to speak with reporters, but the team’s communications staff intervened and made it clear the 37-year-old forward wasn’t available to comment.

“We thought it was a little high,” Leafs center John Tavares said of a ban from the NHL’s Department of Player Safety that rules Reaves out until Dec. 4. “But we’ll stick behind him … we know how effective he’s been.”

Domi struggling

Leafs forward Max Domi has just six assists — and is on a career-worst 13-game point drought — despite playing an offensive role.

The 29-year-old, who was on the ice Tuesday, missed two recent practices for maintenance.

“He’s fighting through a lot right now … he’s banged up,” coach Craig Berube said. “I’m not overly concerned. We gotta keep working through it.”

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NHL ref Dunning back home after on-ice collision

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NHL ref Dunning back home after on-ice collision

PHILADELPHIA — The NHL referee who was stretchered out of a game following a violent collision with Colorado defenseman Josh Manson was back home Tuesday and expected to make a full recovery.

The league said that Mitch Dunning was home following a trip to the hospital for precautionary reasons after he was accidentally knocked down by Manson in the Avalanche-Flyers game.

Manson skated alone on the ice Monday night when he slammed into Dunning near the blue line early in the first period. Dunning went down in a heap and lay prone on the ice for several minutes. Dunning appeared to be moving his feet and moved his right hand when Manson went to talk to him.

The game at the Wells Fargo Center was delayed for several minutes while trainers and medical staff tended to Dunning.

The game continued with one referee and two linespersons. Colorado beat Philadelphia 3-2.

Dunning is a former professional hockey defenseman who played parts of three seasons in the OHL. He later shifted into officiating and was promoted to full-time NHL status in 2022.

The NHL did not say when Dunning would return to work.

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2 years after record season, B’s fire Montgomery

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2 years after record season, B's fire Montgomery

The Boston Bruins have fired coach Jim Montgomery after stumbling to a losing record in their first 20 games, the team announced Tuesday.

Associate coach Joe Sacco was elevated to interim head coach. The Bruins are off to an 8-9-3 start (.475 points percentage) and outside of a playoff seed in the Eastern Conference.

General manager Don Sweeney called the move “a difficult decision.”

“Jim Montgomery is a very good NHL coach and an even better person. He has made a positive impact throughout the Bruins organization, and I am both grateful and appreciative of the opportunity to work with him and learn from him,” Sweeney said in a statement.

Sacco was previously coach of the Colorado Avalanche from 2009 to 2013 and has been a part of the Boston coaching staff since 2014. The 55-year-old had a 13-year NHL playing career with five teams from 1990 to 2003.

“Our team’s inconsistency and performance in the first 20 games of the 2024-25 season has been concerning and below how the Bruins want to reward our fans. I believe Joe Sacco has the coaching experience to bring the players and the team back to focusing on the consistent effort the NHL requires to have success,” Sweeney said. “We will continue to work to make the necessary adjustments to meet the standard and performance our supportive fans expect.”

Montgomery, 55, had a 120-41-23 record (.715 points percentage) in three seasons with the Bruins, making the playoffs twice. Both trips to the postseason ended at the hands of the Florida Panthers. Boston was stunned in a seven-game, first-round upset in 2023 after having the most successful regular season in NHL history (135 points), and again earlier this year when it lost to Florida in the second round after eliminating the Maple Leafs in seven games.

Montgomery won the Jack Adams Award as NHL coach of the year in 2022-23. He previously coached the Dallas Stars for two seasons (2018-20), amassing a record of 60-43-10.

As Montgomery chronicled in his 2023 NHL Awards speech, his success in Boston came after he turned his personal life around. “Three and a half years ago, the Dallas Stars terminated my contract because of my struggles with alcohol,” he said. “And I had to change my actions and behaviors.”

Despite Sweeney saying the sides were discussing an extension during training camp, Montgomery didn’t have a contract beyond the 2024-25 season.

The Bruins have been one of the NHL’s most notable disappointments this season. They’re 31st in team offense (2.40 goals per game) and 28th in defense (3.45 goals against per game).

Previously dependable aspects of the team have malfunctioned, in particular the goaltending. The team traded former Vezina winner Linus Ullmark to the Ottawa Senators for goalie Joonas Korpisalo. The Ullmark deal broke up the best goalie tandem in the NHL with 26-year-old Jeremy Swayman, who missed training camp during a bitter negotiation before signing an eight-year contract that will pay him $66 million.

Swayman has a 5-7-2 record with an .884 save percentage and a 3.47 goals-against average. After the Bruins lost to the Columbus Blue Jackets 5-1 on Monday, Montgomery said missing training camp wasn’t advantageous.

“I don’t think missing training camp helps anyone,” Montgomery said. “That’s why you have training camps.”

Montgomery has been seen having animated discussions with captain Brad Marchand on the Boston bench multiple times this season. He also benched leading goal scorer David Pastrnak in a game earlier this month.

Montgomery’s firing is the first coaching change of the 2024-25 season. Sacco is the fourth head coach under Sweeney since the GM took over in 2015.

“I’m supportive of Don’s decision to address our current play and performance,” team president Cam Neely said in a statement. “Joe Sacco has a wealth of experience and knowledge of our roster and can help lead our team in the right direction. He has a strong understanding of our standards and expectations, and I trust he will do all he can to accomplish our organization’s goals this season.”

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