The longtime constitutional scholar said Biden’s fear that it will be caught in the courts was misplaced.
President Joe Biden speaks on the debt limit during an event at SUNY Westchester Community College on Wednesday, May 10, 2023. | John Minchillo/AP PhotoPresident Joe Biden made waves Tuesday when he acknowledged he was considering using the 14th Amendment to end the debt standoff — before saying he feared it would get caught up in courts.
Tribe’s response to Biden represents his latest effort to try and persuade the president to utilize novel legal arguments as a way through the increasingly thorny debt ceiling standoff. Tribe’s push for the 14th Amendment first got on Biden’s radar vis-a-vis “Even bending their standing doctrine, I don’t know how they or how anyone could find somebody with standing to sue the president and the secretary of the Treasury for spending the money that Congress has said they’re supposed to spend,” Tribe said. “What would a court tell them not to spend the money on?”
The idea of using the 14th Amendment — which says the nation’s debts “shall not be questioned” — to continue making payments on spending approved by Congress has garnered increased interest as the nation tips closer to default. That could intensify if and when the current standoff ends, as White House officials have made clear that Biden is serious about exploring it as a means to prevent another spin around the nation’s fiscal drain in the future.
“I personally feel that we should test it,” said Sen. Dick Durbin , the Democratic whip. But, “we can’t afford to go into a last minute court battle with the June 1 deadline.”said if the standoff doesn’t end, “there is a pretty clear constitutional command”
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