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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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Washington’s second-biggest city, Spokane, bans crypto ATMs

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Washington’s second-biggest city, Spokane, bans crypto ATMs

Washington’s second-biggest city, Spokane, bans crypto ATMs

Spokane City Council has banned crypto ATMs to curb rising scams, giving operators 60 days to remove machines amid concerns over fraud and vulnerable residents.

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Archetyp dark web market shut down, but ecosystem adapts: TRM Labs

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Archetyp dark web market shut down, but ecosystem adapts: TRM Labs

Archetyp dark web market shut down, but ecosystem adapts: TRM Labs

The Archetyp dark web market had over 600,000 users, a total transaction volume of at least $287 million and over 17,000 listings, mainly offering drugs for sale.

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Panthers relied on Marchand’s ‘magic’ in Cup run

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Panthers relied on Marchand's 'magic' in Cup run

SUNRISE, Fla. — After 14 years, Brad Marchand was reunited with the Stanley Cup. He lifted and kissed the silver chalice moments after the Florida Panthers won Game 6 against the Edmonton Oilers, 5-1, closing out their series and capturing the Cup for a second straight season on Tuesday night.

“It feels completely different. I have so much more respect and appreciation for how difficult it was to get here, how hard it is and the amount of things that need to go right to win. Everything has to line up perfectly,” said Marchand, who won the Stanley Cup with the Boston Bruins in 2011. “My situation’s a perfect example of that. I shouldn’t have been here, but it worked out.”

Marchand, 37, was a driving force behind the Panthers’ Stanley Cup win. He had 10 goals and 10 assists in 23 games, skating a plus-17 with linemates Anton Lundell and Eetu Luostarinen. While he didn’t score in Game 6, Marchand had 6 goals in 6 games in the Stanley Cup Final with two game-winning goals.

“He’s been a big-game player his whole career. In 2011, he was arguably our best player,” said Shawn Thornton, Marchand’s teammate on the Bruins who is now a business executive for the Panthers. “I wasn’t surprised to see the magic he was making. I don’t think the age thing is in his head.”

Marchand spent 16 NHL seasons with the Bruins until a contract extension impasse led to an NHL trade deadline move to the Panthers. It was a surreal moment for Marchand and the Panthers, as Florida had eliminated the Bruins from the 2023 and 2024 playoffs. Last postseason, Panthers center Sam Bennett injured Marchand with a sucker punch. On Tuesday night, the skated the Stanley Cup as teammates.

“As soon as he got traded here, he chirped me in the group chat instantly for our history and the last playoffs,” recalled Bennett, who won the Conn Smythe Trophy as NHL playoff MVP.

“What he’s meant to this team … I truly don’t think we win a Stanley Cup without him. His leadership, his will to win, it’s inspiring. I was telling him before every game, ‘We’re going to follow you.’ And we did. He was a dog every night. He for sure could have won this trophy,” Bennett said. “He’s a better player and person than I ever knew and I’m grateful that I got to play with him.”

Marchand said going from nemesis to teammate is a tribute to the chemistry of the Panthers.

“It just shows you that once you become part of a group and you get into this environment … when you’re playing on the same team with each other, you create such an incredible bond,” he said. “They already had an unbelievable culture that the new guys were able to kind of come into and just buy in and enjoy it and embrace it. They made it very easy.”

Florida general manager Bill Zito said Marchand also did his part to build team chemistry.

“I’ve been telling everyone that as much as he did on the ice, it’s what he did in the room that matters,” he said. “If you came in this morning, you wouldn’t have known who the new guy was. That says as much about who he is as a teammate and a hockey player as his extraordinary performance.”

For example, the Panthers started a tradition in the Stanley Cup Playoffs where they would shoot the plastic rats fans tossed on the ice after victories – a decades-long tradition for the team – at Marchand as they left for the dressing room. Even as Florida celebrated the Stanley Cup win, the tradition continued: Forward Sam Reinhart, who scored four goals in the victory, reached down and threw a rat at Marchand as he was kissing the Cup.

“It still felt heavy, that’s for sure,” said Marchand of the Cup. “It’s pretty incredible to do it here at home. It’s so many people here that I love and that had been a huge impact on being part of this, so it’s an incredible feeling.”

Marchand now faces an uncertain future as an unrestricted free agent this offseason. But after the best playoff series of his career in the Stanley Cup Final, he’ll have plenty of suitors.

Florida closed out the Oilers with two straight wins, both of them defined by early offensive and consistently good defense.

The Panthers took the lead just 4:36 into the first period on an incredible individual effort from Reinhart. Oilers defenseman Evan Bouchard passed the puck right to Reinhart just outside of the Edmonton zone. Reinhart skated into the zone, turned defenseman Mattias Ekholm inside out and beat goalie Stuart Skinner while falling down for his 8th goal of the playoffs. Skinner had returned as the starter after being benched in Game 5.

It would remain that way through the rest of the first period, which pitted two nervous teams against each other on specious ice, until Matthew Tkachuk scored his 8th of the playoffs. Using a perfect screen from Lundell in front of Skinner, Tkachuk’s shot from between the circles sailed into the back of the net for a 2-0 lead.

It continued a string of early dominance for the Panthers in the series. Florida scored at least 2 goals in the first period of all six games of the series and outscored the Oilers 9-0 in the last four games of the series.

The Panthers relied on goaltender Sergei Bobrovsky for 10 saves in the second period, who had help in the zone when he needed it. Then Reinhart struck again at 17:31 of the second period, as Aleksander Barkov turned a lackadaisical rebound by Skinner into a shot that banked off Reinhart and into the net for a 3-0 lead.

Reinhart completed his hat trick at 13:26 of the third period with an empty-net goal. Just 1:29 later, he scored his fourth goal of the game into another empty Edmonton net, giving him 11 goals on the postseason.

As the seconds ticked down, the Panthers began jumping over the boards to begin their celebration. The Panthers first team to repeat as Stanley Cup champions by beating the same team in both years since the Montreal Canadiens defeated the Bruins in the 1977 and 1978.

It was their third straight trip to the Stanley Cup Final. Does that make them a dynasty?

“Hell, yeah,” Tkachuk said. “Absolutely.”

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