Please ensure Javascript is enabled for purposes of website accessibility
Lawsuit: Yellen Should Ignore 'Unconstitutional' Debt Limit
gvw_ap_news
By Associated Press
Published 12 months ago on
May 8, 2023

Share

Getting your Trinity Audio player ready...

WASHINGTON — A union of government employees on Monday sued Treasury Secretary Janet Yellen and President Joe Biden to try to stop them from complying with the law that limits the government’s total debt, which the lawsuit contends is unconstitutional.

The lawsuit comes just weeks before the government could default on the federal debt if Congress fails to raise the borrowing limit. Financial markets have become increasingly nervous about the potential for default, with economists warning that a failure to raise the debt limit could trigger a global financial crisis.

Biden to Meet with Top Republicans and Democrats in Congress

On Tuesday, Biden will meet with the top Republicans and Democrats in Congress to seek a potential breakthrough. The two sides remain far apart. Republicans have demanded steep spending cuts as the price of agreeing to raise the debt limit. Biden has argued that the debt ceiling, which applies to borrowing the government has already done, shouldn’t be used as leverage in budget talks.

The lawsuit, filed by the National Association of Government Employees, says that if Yellen abides by the debt limit once it becomes binding, possibly next month, she would have to choose which federal obligations to actually pay. Some analysts have argued that the government could prioritize interest payments on Treasury securities. That would ensure that the United States wouldn’t default on its securities, which have long been regarded as the safest investments in the world and are vital to global financial transactions.

But under the Constitution, the lawsuit argues, the president and Treasury secretary have no authority to decide which payments to make because the Constitution grants spending power to Congress. Doing so, it contends, would violate the Constitution’s separation of powers.

“Nothing in the Constitution or any judicial decision interpreting the Constitution,” the lawsuit states, “allows Congress to leave unchecked discretion to the President to exercise the spending power vested in the legislative branch by canceling, suspending, or refusing to carry out spending already approved by Congress.”

A Treasury Department spokesperson declined to comment on the lawsuit.

The NAGE represents about 75,000 government employees who it says are at risk of being laid off or losing pay and benefits should Congress fail to raise the debt ceiling. The debt limit, currently $31.4 trillion, was reached in January. But Yellen has since used various accounting measures to avoid breaching it.

Last week, Yellen warned that the debt limit would become binding as early as June 1, much earlier than many analyses had previously predicted, because tax receipts have come in lower than projected.

Laurence Tribe, a law professor at Harvard University, suggested that “it is possible that the Treasury Department would welcome the suit” because it expresses the view that “the ceiling is not a permissible bargaining tool for Congress to employ because it simply threatens to destroy the economy and hold the president hostage.”

White House Aides Explore Invoking 14th Amendment to the Constitution

Tribe has written a column in the New York Times expressing support for the idea that the debt ceiling is unconstitutional. White House aides have explored the notion of having the president invoke the 14th Amendment to the Constitution, which says the “validity” of the public debt “shall not be questioned.”

How fast the lawsuit may advance through the legal system depends, in part, “on which federal district judge gets the suit,” Tribe noted. ”It could move extremely quickly. … It’s quite hard to predict.”

Experts Warn of Economic “Calamity” if Debt Ceiling Isn’t Raised

On Sunday, Yellen said there were “no good options” for the United States to avoid an economic “calamity” if the debt ceiling isn’t raised. Economists say the standoff has distorted financial markets. Since Yellen warned a week ago that the government could default on its debt as early as June 1, interest rates on one-month Treasury bills have been shooting higher. They reached 5.35% Monday, up from 4.12% a week earlier — an unusually sharp move.

That suggested that investors were shunning the one-month bills out of concern that they could suffer from a default. The one-month yield, in an unusual move, now exceeds the rates on all longer-dated Treasuries, including 10-year notes, which yield 3.49%. Typically, borrowers demand higher rates to lock up their money for longer periods. Rates on the 10-year have fallen because investors expect a recession later this year that would force the Federal Reserve to cut its benchmark rate.

“Markets are beginning to aggressively price in a potential default,” said Joe Brusuelas, chief economist at tax advisory firm RSM. “The timing of an economic and financial crisis caused by the political authority could not be any worse.”

In the wake of three large bank failures in the past two months, Brusuelas, like many economists, thinks many banks are pulling back on lending to bolster their finances, a trend that could weaken the economy.

“A partial or full default would exacerbate those trends and result in a pullback in spending and investment by households and firms, as well as an increase in unemployment,” Brusuelas said. “It would almost surely tip the economy into a full-blown recession.”

RELATED TOPICS:

DON'T MISS

49ers GM Hopes to Get Brandon Aiyuk Contract Extension Done Sooner Rather Than Later

DON'T MISS

Judge Rejects Changing the Name of California’s Trans Youth Ballot Measure

DON'T MISS

Oprah Winfrey and Dwayne Johnson Pledged $10M for Maui Wildfire Survivors. They Gave Much More.

DON'T MISS

Did Fresno Unified’s Biggest Contractor Not Pay Its Workers? Company Still Gets Millions After Civil Penalty

DON'T MISS

Biden Marks Earth Day by Going After GOP, Announcing $7 Billion in Federal Solar Power Grants

DON'T MISS

Fresno Unified Says It Has No Superintendent Succession Plan Despite HR Leader’s Claim

DON'T MISS

Work Starts on Bullet Train Line From Las Vegas to LA

DON'T MISS

Trustees to Vote on New Fresno High Gym, Bullard Security Fence. Who Were the Low Bidders?

DON'T MISS

Will CA Lawmakers Crack Down on Spending by Utility Companies?

DON'T MISS

Supreme Court Will Take Up the Legal Fight Over Ghost Guns, Firearms Without Serial Numbers

UP NEXT

Newsom Wants to Make It Easier for Arizona Women to Get a California Abortion

UP NEXT

Trump Tried to ‘Corrupt’ the 2016 Election, Prosecutor Alleges as Hush Money Trial Gets Underway

UP NEXT

Man Sets Himself on Fire Outside Trump Hush Money Trial Court

UP NEXT

Real Estate Experts Talk Fresno’s Economic Future. Are Tough Times Ahead?

UP NEXT

California Court to Decide on Transgender Ballot Measure Wording

UP NEXT

Rare House Vote Sees Ukraine, Israel Aid Advance as Democrats Join Republicans

UP NEXT

Full Jury and 6 Alternates Seated in Trump’s Hush Money Trial

UP NEXT

Wired Wednesday: How High Will the Price of Gold & Silver Go?

UP NEXT

How 4/20 Grew From Humble Roots to Marijuana’s High Holiday

UP NEXT

Jury Selection Could Be Nearing a Close in Donald Trump’s Hush Money Trial in New York

Did Fresno Unified’s Biggest Contractor Not Pay Its Workers? Company Still Gets Millions After Civil Penalty

16 hours ago

Biden Marks Earth Day by Going After GOP, Announcing $7 Billion in Federal Solar Power Grants

16 hours ago

Fresno Unified Says It Has No Superintendent Succession Plan Despite HR Leader’s Claim

16 hours ago

Work Starts on Bullet Train Line From Las Vegas to LA

17 hours ago

Trustees to Vote on New Fresno High Gym, Bullard Security Fence. Who Were the Low Bidders?

Local Education /

19 hours ago

Will CA Lawmakers Crack Down on Spending by Utility Companies?

19 hours ago

Supreme Court Will Take Up the Legal Fight Over Ghost Guns, Firearms Without Serial Numbers

19 hours ago

Express Files for Chapter 11 Bankruptcy Protection, Announces Store Closures

19 hours ago

Will There Be a Third Measure E? What Richard Spencer Says.

20 hours ago

Melvin and Matzah: Giants Manager Recalls Childhood Passover

20 hours ago

49ers GM Hopes to Get Brandon Aiyuk Contract Extension Done Sooner Rather Than Later

SANTA CLARA — Brandon Aiyuk is staying away from the San Francisco 49ers facility at the start of the offseason program as he seeks a lucrat...

2 hours ago

2 hours ago

49ers GM Hopes to Get Brandon Aiyuk Contract Extension Done Sooner Rather Than Later

3 hours ago

Judge Rejects Changing the Name of California’s Trans Youth Ballot Measure

15 hours ago

Oprah Winfrey and Dwayne Johnson Pledged $10M for Maui Wildfire Survivors. They Gave Much More.

16 hours ago

Did Fresno Unified’s Biggest Contractor Not Pay Its Workers? Company Still Gets Millions After Civil Penalty

16 hours ago

Biden Marks Earth Day by Going After GOP, Announcing $7 Billion in Federal Solar Power Grants

16 hours ago

Fresno Unified Says It Has No Superintendent Succession Plan Despite HR Leader’s Claim

17 hours ago

Work Starts on Bullet Train Line From Las Vegas to LA

Local Education /
19 hours ago

Trustees to Vote on New Fresno High Gym, Bullard Security Fence. Who Were the Low Bidders?

MENU

CONNECT WITH US

Search

Send this to a friend