A judge has scheduled a hearing for next week to examine arguments regarding the viability of President Joe Biden exercising the 14th Amendment on the impending debt ceiling deadline.
U.S. District Court Judge Richard Stearns has set the hearing to take place on May 31 — one day before the debt ceiling deadline. The debate over whether Biden can invoke the 14th Amendment in his negotiations with Congress on the debt ceiling has persisted ahead of the deadline, and many Democrats are encouraging the president to use the amendment, according to Politico.
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“If the emergency is as dire as you think it is, I would think that it’s within the power of the president to address it using executive branch authority,” Stearns, an appointee of former President Bill Clinton, said.
Stearns has stated that it is unlikely he will make a decision by June 1 ahead of the deadline. He described the goal as "impossible."
The central argument in the suit is that the 14th Amendment’s assurance that America's debt "shall not be questioned" means that Biden can bypass a statute capping the national debt. When Stearns asked the Justice Department's lawyer, Alexander Ely, whether the department disagreed with this argument, he did not receive a direct answer. He has given the department a deadline of May 30 to give a written response on the situation, according to the report.
In a closed-door meeting with GOP lawmakers on Tuesday, House Speaker Kevin McCarthy (R-CA) told lawmakers that a compromise on the debt ceiling remained far off, reiterating his position that he would not increase spending or raise the debt ceiling without conditions. However, on Tuesday afternoon, McCarthy expressed optimism for the arguments, stating that "we can still get there and get there before June 1."
MCCARTHY moments ago on addressing debt limit with Dems: “I believe we can still get there and get there before June 1.”
— Daniella Diaz (@DaniellaMicaela) May 23, 2023
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Ahead of the June 1 deadline, former White House chief of staff Mick Mulvaney expressed his doubt as to whether using the 14th Amendment to avoid default would even work. He cited that the legal uncertainty around the process would also shake faith in the economy and lead to wider problems.
On Thursday, Sen. John Fetterman (D-PA) joined 10 other senators at a press conference where he argued that the president should consider using the 14th Amendment instead of participating in debt ceiling negotiations with Republicans, describing the negotiations "a sad charade."