The 14th Amendment and the Debt Ceiling

This Thursday, Title 42 will expire. What is Title 42? Title 42 is a section of the United States health law that has been used during the COVID-19 pandemic to quickly expel migrants at the border, including those seeking asylum, in an effort to prevent the spread of the virus. The policy was initially put in place under the Trump administration and has been continued under the Biden administration.

The Biden administration is cautiously considering the possibility of using the 14th Amendment as a mechanism to avoid breaching the debt ceiling, a situation that could lead to a financial crisis. This Amendment contains language stating that the public debt "shall not be questioned," which could potentially be interpreted to allow the President to continue issuing debt unilaterally. However, there are concerns about the legal standing of this approach and the potential financial and political repercussions it could bring. While Treasury Secretary Janet Yellen has warned that the U.S. could breach the debt limit by early June, leading to severe economic consequences, she also stated that using the 14th Amendment could trigger a constitutional crisis. President Biden himself has expressed hesitance about this option, indicating he hasn't decided on using it yet.

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