The political debate over raising the national debt limit has evolved to include a legal question: Whether the Executive Branch can cite the 14th Amendment to exceed the debt limit unilaterally, without Congressional approval. Partner Brian Ginsberg of our Appellate Practice Group tells the Washington Examiner that the answer is clear-cut: No.
Some are arguing that language in the 14th Amendment — “the validity of the public debt of the United States, authorized by law … shall not be questioned” – would allow President Biden to order the country’s debts be paid, regardless of the debt limit legislation.
However, “that theory is wrong,” Brian said in an interview with the Examiner. “And the reason is because of Section 4’s ‘authorized by law’ language. Only federal debt ‘authorized by law’ enjoys ‘unquestioned’ status.”
Click to read the full article: “How the Supreme Court could be forced to wade into Biden debt ceiling fight.”