There is growing fear among Democrats that the White House could cut a deal with House Speaker Kevin McCarthy (R-CA) that would undercut their key priorities.
This has prompted a group of Senate Democrats to press President Joe Biden to prepare to invoke the 14th Amendment to lift the debt ceiling and avert default on his own.
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The letter, led by Sens. Bernie Sanders (I-VT), Elizabeth Warren (D-MA), Jeff Merkley (D-OR), Ed Markey (D-MA), Tina Smith (D-MN), and Peter Welch (D-VT), is a sign of growing frustration with some aspects of the debt limit negotiations. Several senators have expressed their disapproval of Republican demands to impose tougher work requirements to receive federal benefits.
Initially, the White House was adamant that a stand-alone debt limit hike bill was nonnegotiable. In recent days, Biden’s team has held discussions with Republicans and even appointed new negotiators to move forward with discussions about spending reforms.
Biden on Wednesday signaled he would be willing to work with House Republicans on a compromise when it comes to the requirements for government assistance programs but also cautioned he wouldn’t support a major overhaul.
“I’m not going to accept any work requirements that’s going to impact on the medical health needs of people; I’m not going to accept any work requirements that go much beyond what is already — I voted years ago for the work requirements that exist. But it’s possible there could be a few others, but not anything of any consequence,” Biden said.
“If the result of [negotiations] is that you throw working class people, lower-income people off programs they need, that’s totally wrong,” Sanders told reporters on Wednesday, emphasizing invoking the 14th Amendment is “the way to go.”
The draft letter, which has just begun to be circulated for signatures, comes as lawmakers have less than three weeks to act to raise the debt limit or risk a default that could send the country into a recession. Negotiations are underway as the Treasury Department uses “extraordinary measures” to pay the bills after hitting the borrowing limit in January. The 14th Amendment stipulates that the “validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.” However, the Constitution also grants Congress the power of the purse.
“In a negotiation like this, there’s always a million worries. Give too much, not get enough done, there’s always a million worries,” said Sen. Tim Kaine (D-VA), who said he has not seen the letter yet.
“I think there’s a very good legal argument there. I do prefer Plan A, which is, ‘Hey, let’s find a deal,’” he added.
Sen. Jon Tester (D-MT), a red state Democrat up for reelection next year, also admitted there’s a growing concern the White House could concede too much in debt ceiling negotiations but did not commit to signing the letter.
“I’m sure it’s an option,” Tester said of utilizing the 14th Amendment but added he’d rather see “a negotiation that involves our debt.”
Biden had said recently he had been considering the 14th Amendment but also expressed reservations that it would not solve the current stalemate because it would be subject to legal challenges. However, senators involved with circulating the letter said litigation could be better than the alternative of making a bad deal with House Republicans.
“Nobody wants to use the 14th Amendment as an option because it is a tested approach. We use it because the Republicans are engaged in a destructive form of hostage-taking, and there’s no other option,” Sen. Elizabeth Warren (D-MA) told reporters Wednesday. “The 14th Amendment is Plan B. Plan A is to do the responsible thing and raise the debt ceiling.”
Other Democrats said the negotiations were a positive thing.
“The negotiations on next year’s budget, that’s something we have to do. So, the sooner we get them done, the better it is for our country,” said Sen. Ben Cardin (D-MD), sidestepping a question from the Washington Examiner about whether Senate Democrats are concerned about potential concessions from the White House in debt ceiling negotiations. “I recognize that in order to have a budget next year, it’s got to pass the House of Representatives as well.”
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The circulation of the letter in the upper chamber comes as House Democrats are taking the next step in their debt limit contingency plan.
They are starting to gather signatures Wednesday for a parliamentary procedure known as a discharge petition, which would allow them to force a vote on legislation without McCarthy’s backing. The push will need the support of at least five Republicans to be successful.
